California Legislature—2013–14 Regular Session

Assembly Bill No. 2508

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.  

  begin insert (a) end insert begin insert   end insert 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 begin delete must end delete begin insert shall end insert be tried by a jury begin delete , end delete 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.

begin insert

(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.

end insert

SEC. 2.  

Section 1171 of the Code of Civil Procedure is
amended to read:

1171.  

begin delete 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. end delete begin insert (a) end insert begin insert   end insert begin insert 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 end insert begin insert by a jury, unless a jury trial is waived. end insert

begin insert

(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:

end insert begin insert

(A) The amount of the damages claimed exceeds ten thousand
dollars ($10,000).

end insert begin insert

(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.

end insert begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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.