BILL NUMBER: AB 2508	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 21, 2014

   An act to amend Sections 592 and 1171 of the Code of Civil
Procedure, relating to unlawful detainer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2508, as introduced, Fox. Unlawful detainer: trial by jury.
   Existing law governs unlawful detainer proceedings, including a
requirement that courts give such actions scheduling preference over
other civil actions so that the matter may be quickly heard and
determined. Existing law requires that an unlawful detainer action be
tried by a jury, unless waived by the parties, whenever an issue of
fact is presented in the pleadings.
   This bill would require specified unlawful detainer actions that
present a question of fact in the pleadings to be tried by the court.
The bill would require that the court's determination be subject to
de novo review by the superior court upon appeal. The bill would
require the appeal to be tried by jury, unless waived.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 592 of the Code of Civil Procedure is amended
to read:
   592.    (a)    In actions for the recovery of
specific, real, or personal property, with or without damages, or for
money claimed as due upon contract, or as damages for breach of
contract, or for injuries, an issue of fact  must 
 shall  be tried by a jury  ,  unless a
jury trial is waived, or a reference is ordered, as provided in this
Code. Where in these cases there are issues both of law and fact, the
issue of law must be first disposed of. In other cases, issues of
fact must be tried by the Court, subject to its power to order any
such issue to be tried by a jury, or to be referred to a referee, as
provided in this Code. 
   (b) Notwithstanding subdivision (a), an unlawful detainer action
filed pursuant to Chapter 4 (commencing with Section 1159) of Title 3
of Part 3 is not be subject to this section and shall be tried by
jury as prescribed in Section 1171. 
  SEC. 2.  Section 1171 of the Code of Civil Procedure is amended to
read:
   1171.   Whenever an issue of fact is presented by the
pleadings, it must be tried by a jury, unless such jury be waived as
in other cases.   (a)     Except as
provided in subdivision (b), an action that presents an issue of fact
shall be initially tried by the court, without a jury. The court's
determination shall be subject to appeal in the superior court of the
county in which the complaint is filed, and shall be tried de novo
  by a jury, unless a jury trial is waived.  
   (b) (1) An action that presents an issue of fact shall be tried by
a jury in the first instance, unless a jury trial is waived, if
either of the following apply:  
   (A) The amount of the damages claimed exceeds ten thousand dollars
($10,000).  
   (B) The action pertains to a written lease that has an unexpired
term of 30 days or more at the time the complaint is filed. 

   The 
    (2)     The  jury shall be formed in
the same manner as other trial juries in an action of the same
jurisdictional classification in the Court in which the action is
pending.