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| Case Name | Hodge v. Superior Court of Los Angeles County | |
|---|---|---|
| Date | 11/29/2006 | |
| Note | Even though the contractual duties of the employer implicitly include performance of mandatory statutory duties, such as the payment of overtime wages, and even though the application of the statutory requirements includes factual determinations, defendent is not entitled to a jury trial. | |
| Citation | 145 Cal. App. 4th 278 | |
| WCC Citation | WCC 31962006 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT No. B189941 November 29, 2006 KENNETH HODGE ET AL. , PETITIONERS, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, RESPONDENT; AON INSURANCE SERVICES ET AL. , REAL PARTIES IN INTEREST. The trial court ruled the defendants were entitled to a jury trial on the section 17200 claim. Transportation Co. v. Superior Court (1976) 58 Cal. App. 3d 433, 435 [granting writ relief where party challenged grant of jury trial]. )In Wisden v. Superior Court (2004) 124 Cal. App. 4th 750, 754, we identified the basic principles governing jury trials. (Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal. 4th 163, 179 (Cel-Tech); see also § 17203. )
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