Legal Question in Construction Law in California

There is no separate filing of a demand for a jury trial. You must note in your first Case Management Conference Statement that you want a jury, and in any further Case Management Conference Statements that may be filed. You will also be asked at the trial setting conference if you still want a jury. You must choose then to continue to request a jury or waive it. You must then deposit jury fees by the deadline for doing so, or you lose the right to a jury.

First, you need to determine whether the subject matter of the lawsuit entitles you to a jury. Most superior court civil matters qualify for jury trial, such as breach of contract, negligence, etc. matters, but if the suit asks only for equitable relief (for example, declaratory relief, partition, injunction, etc.) you probably won't qualify for a jury trial.

Beyond this, you have a right to a jury trial unless you waive your right, and this usually happens in one of three ways: an oral waiver made on the record in court; a written waiver filed with the judge or clerk; or failure to deposit the basic jury fees at least 25 days before the initial trial date. You can also forfeit your rights in other ways, such as failing to show up for trial. See, generally, Code of Civil Procedure section 631.

If your matter includes questions for which a jury is appropriate, your attorney (or you, if self-represented) should be checking the jury trial box on each Form CM-110 (Case Management Statement) served and filed 15 or more days before each Case Management Conference.

My experience in Los Angeles is that the court has pretty specific local rules covering final pre-trial conferences, requiring parties to exchange information including juror questions and proposed jury instructions. Also, at least in some departments, the judges require the clerk to give the plaintiff a sheet reciting departmental standing orders and other rules for service on defendants, along with the summons and complaint. Such orders often address jury trial questions and procedures.