In Re Mercy Housing Management Group Inc. v. Naomi Bermudez.

Summary

The court held that a tenant in a forcible-entry-and-detainer possession action has a statutory right to a jury trial on disputed factual issues when the tenant timely demands a jury and pays the required fee. The court concluded that the civil rule governing jury trials and the FED statute are consistent, while legal questions such as lease interpretation and whether the facts constitute unlawful detainer remain for the court. The court exercised original jurisdiction because the issue was of statewide importance and an appeal would provide an inadequate remedy, then reversed and remanded for a limited jury trial.