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LEGAL BRIEFS

JURY WAIVER STRUCK DOWN BY CALIFORNIA COURT

A California appellate court recently struck down a pre-dispute jury waiver contained in a commercial contract. In Grafton Partners LP v. Superior Court, 2004 Daily Journal D.A.R. 1435 (reported February 10, 2004), the court held that a jury may only be waived by a party to a pending suit—and only in the manner provided for by California statute. This is good news for California franchisees who are routinely asked to waive their rights to a jury trial when signing new or renewal franchise contract.
 

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