When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.

In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior court, the defendant contended the court had the obligation to pay jury fees and expenses when there is a fee waiver. The appellate division of the Los Angeles Superior Court reversed, stating: “The trial court deprived defendant of her constitutional right to a jury trial. Such deprivation constitutes a miscarriage of justice and reversible error per se without the need to demonstrate actual prejudice.” Munoz v. Silva (Sup. Ct. App. Div.; May 23, 2013) 216 Cal.App.4th Supp. 11.