Deborah Shaw, Petitioner v. the Superior Court of Los Angeles County, Respondent; Thc-Orange County, Inc.…

Summary

The court held that a trial court's denial of a jury demand in a civil action may be reviewed before trial through an extraordinary writ. It further held that Health and Safety Code section 1278.5, subdivision (g), provides for a court-determined remedy rather than a jury trial, even when damages are sought, while subdivision (m) preserves a plaintiff's separate wrongful-termination tort claim and jury right. The Court of Appeal's decision was therefore affirmed in part, reversed in part, and remanded.