GRAFTON PARTNERS LP, et al., Petitioners,
v.
The SUPERIOR COURT of Alameda County, Respondent;
PricewaterhouseCoopers LLP, Real Party in Interest.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
February 6, 2004.
Review Granted April 21, 2004.
Attorney(s) appearing for the Case
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Jerome B. Falk, Jr. and Steven L. Mayer; Bartko, Zankel, Tarrant & Miller, John J. Bartko, Christopher J. Hunt and Allan N. Littman, San Francisco, for Petitioners Grafton Partners LP, Allied Capital Partners LP, Six Sigma LLC, and its members, by Richard M. Kipperman, Trustee in Bankruptcy; and Tom Frame, Bruce Miller and Ronald G. VandenBerghe, for themselves and as representatives of a class of investors.
McGuinn, Hillsman & Palefsky and Cliff Palefsky, San Francisco, for California Employment Lawyers Association as Amicus Curiae on behalf of Petitioners.
Law Offices of Public Advocates, Inc., and Richard A. Marcantonio, San Rafael, for Public Advocates, Inc., as Amicus Curiae on behalf of Petitioners.
The Sturdevant Law Firm and James C. Sturdevant, San Francisco, for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners.
Gibson, Dunn & Crutcher LLP, Scott A. Fink, San Francisco, Daniel S. Floyd, Theodore J. Boutrous, Jr., and Julian W. Poon, Los Angeles, for Real Party in Interest PricewaterhouseCoopers LLP.
Court of Appeals of California, First District, Division Five.
SIMONS, J.
Are contractual predispute jury waivers in civil actions enforceable under California law? The parties in this case knowingly entered into such a waiver and the trial court enforced it, relying on Trizec Properties, Inc. v. Superior Court (1991) 229 Cal.App.3d 1616, 280 Cal.Rptr. 885 (Trizec). A careful review of California's relevant constitutional...
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