Legal Opinion

Byram v. Superior Ct. of Sacramento Cty.

California Court of Appeal

Decided November 2, 1977No. Civ. 16982PublishedCited by 50 opinions

1Opinion of the Court

Opinion

REGAN, Acting P. J.

—In this proceeding for a writ of mandate and in the alternative for writ of prohibition, the question presented is whether it was an abuse of discretion by defendant court to deny petitioner’s motion for relief from his waiver of a juiy trial.

Petitioner filed a personal injury action in the Sacramento County Superior Court (No. 232595) on March 22, 1973, and requested a juiy throughout the proceedings. Trial was set for July 11, 1977, and on July 1, 1977, petitioner received notice that the jury fees for the first day had not been deposited 14 days in advance. The…

2Cases cited20 opinions

  1. Jacob v. New York CitySupreme Court of the United States · 1942
  2. Oakes v. McCarthy Co.California Court of Appeal · 1968
  3. Glogau v. HaganCalifornia Court of Appeal · 1951
  4. Vinson v. Los Angeles Pacific RailroadCalifornia Supreme Court · 1905
  5. Still v. Plaza Marina Commercial Corp.California Court of Appeal · 1971

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3Cited by50 opinions

  1. Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
  2. Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
  3. Grafton Partners L.P. v. Superior CourtCalifornia Supreme Court · 2005
  4. Day v. RosenthalCalifornia Court of Appeal · 1985
  5. Van De Kamp v. Bank of AmericaCalifornia Court of Appeal · 1988

45 more not listed; retrieve them via the Exa API.

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