Shaw v. Super. Ct.
Annotate this CasePetitioner filed suit against her former employers, alleging violation of Health and Safety Code section 1278.5 and a violation of public policy. Petitioner subsequently filed a petition for writ of mandate challenging the denial of a jury trial. The court concluded that denial of a jury trial in this case is a proper matter for writ relief. The court also concluded that the statutory language and legislative history of section 1278.5 reflect an intent to permit a jury trial. Even apart from this evidence of legislative intent, the court concluded that a jury trial is appropriate as the gist of plaintiff's cause of action sounds in law rather than equity. Accordingly, the court granted the petition for writ of mandate.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.