Mackovksa v. Viewcrest Road Properties LLC
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Plaintiff and Andrijana Mackovska filed suit alleging that Viewcrest wrongfully removed their personal belongings and took possession of residential property Viewcrest had purchased at a foreclosure sale. The trial court held that plaintiff waived his right to a jury trial by failing to timely post jury fees.
The Court of Appeal reversed and held that the trial court erred in denying plaintiff's motion for relief from the jury trial waiver, because Viewcrest did not make a showing of prejudice; plaintiff's failure to file a petition for writ of mandate after the trial court denied his motion for relief from jury trial waiver did not preclude review of that order on appeal from the judgment; plaintiff did not have to show prejudice; and the trial court's order imposing sanctions must be vacated.
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