Cooks v. Superior Court

Opinion

THE COURT. *

By petition for writ of mandate, a defendant in a personal injury action challenges the trial court’s order denying a jury trial due to defense counsel’s failure to submit proposed jury instructions within the deadline set by the local “fast-track” rules of court. Petitioner asserts, and respondent and real parties do not deny, that this order was imposed as a sanction because of the failure of petitioner’s counsel to submit jury instructions within the time specified by these rules.

This court stayed trial and issued notice to the parties that it was considering the…