(Download) "Grafton Partners L.P. v. Superior Court of Alameda County" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Grafton Partners L.P. v. Superior Court of Alameda County
- Author : Colorado Supreme Court
- Release Date : January 04, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 100 KB
Description
The present case concerns what is principally a question of statutory interpretation. At issue is Code of Civil Procedure section 631, a provision prescribing the six means by which parties to a civil lawsuit may waive their right to have their disputes adjudicated in a jury trial rather than in a court trial. Petitioners contend a contractual agreement that is entered into prior to any dispute arising between the contracting parties is not one of the means authorized by statute. In consequence, they claim, their predispute agreement that any lawsuit between them and real party would be adjudicated in a court trial, and not by jury trial, was unenforceable. The Court of Appeal agreed with petitioners contention, as do we, for the reasons that follow.
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