Does a Partition Action Result in a Jury Trial?

Generally a partition action will not result in a jury trial, but will instead be heard by the judge, because a partition is an equitable action. Talkov Law has handled over 400 partition actions throughout California and has never seen a partition action result in a jury trial. In fact, a partition action handled by an experienced partition attorney will likely avoid trial entirely, often resulting in a partition judgment in a matter of months based solely on motion practice.

When Does a Case Result in a Jury Trial?

“A trial jury is a body of persons selected from the citizens of the area served by the court and sworn to try and determine by a verdict a question of fact.”[1]41 Cal. Jur. 3d Jury § 1 “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution, and when the right to jury trial exists, it provides the right to have a jury try and determine issues of fact, but even in such cases, issues of law are to be determined by the court, rather than a jury.”[2]Shaw v. Superior Ct. (2017) 2 Cal. 5th 983, 993. As explained by the Court of Appeal, “jury trial, ‘[a]s a general proposition, … is a matter of right in a civil action at law, but not in equity.'”[3]Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1237.

The court does have discretion over granting jury trials. In “an equitable proceeding a jury trial is not a matter of right … the court may in its discretion, if so advised, call a jury to assist in the trial of the matter. However, the jury trial not being a matter of right, the court is not bound by the findings of the jury.”[4]Bettencourt v. Bank of Italy Nat. Tr. & Sav. Ass’n (1932) 216 Cal. 174, 179.

Is a Jury Trial Possible in a Partition Action?

A co-owner who is a party of a partition action may request a jury trial, but they probably won’t get one.

The 2024 Court Statistics Report published that 108,422 unlimited civil cases were resolved in the fiscal year of 2022-2023 and only 20% required a trial. Among the 21,520 cases that were subject to a trial, only 2% were subject to a jury trial. This statistic relates to all causes of action, including those that would normally have a jury. This means partitions go to a jury at an even lower percentage (if at all).

In many cases, a party requests a jury trial for no reason other than as a delay tactic. This delay tactic is unlike to succeed in a partition action where jury trials are implausible.

Why Would a Co-owner Request for a Jury Trial in a Partition?

A defendant who understands that there are almost no defenses to a partition action might resort to delay tactics, especially if the defendant is in sole possession of the property. In this situation, the co-owner already has what they desire while benefiting from their co-owner’s equity. A plaintiff to a partition action may engage in obstructionist behavior, particularly if they realize that the outcome of the partition might not be as favorable as anticipated.

An experienced partition attorney can minimize the impact of these tactics, ensuring that the co-ownership dispute is resolved efficiently and effectively.

Talkov Law’s Partition Attorneys Can Help

A partition action is extremely unlikely to require a jury trial but a co-owner seeking to protect their interests can benefit from retaining a partition attorney. With eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 400 partition actions throughout California. Contact California’s #1 team for partition action, Talkov Law, where partition attorneys provide seasoned expertise in the practice of partitions, including jury trials. For most cases, legal fees are paid entirely at the end, meaning there is no retainer. For a free consultation, call (844) 4-TALKOV (825568) or reach out online today.

References

References
1 41 Cal. Jur. 3d Jury § 1
2 Shaw v. Superior Ct. (2017) 2 Cal. 5th 983, 993.
3 Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1237.
4 Bettencourt v. Bank of Italy Nat. Tr. & Sav. Ass’n (1932) 216 Cal. 174, 179.
About Scott Talkov

Scott Talkov is California's #1 partition lawyer, having handled over 400 partition actions. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on CNN, ABC 7, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been rated by Super Lawyers since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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