Do California Jury Trial Waivers Inadvertently Guarantee Plaintiffs the Option of a California Jury Trial?
For those of you who are contracting with parties in California, we wanted to remind you that you cannot use a contractual jury trial waiver provision to waive the right to a jury trial in California. Indeed, a recent decision by a California appellate court suggests that including a jury trial waiver provision while contracting in California could even void a (non-California) forum selection clause and require you to litigate in California. It appears that…