On Monday morning, the Supreme Court will file its opinion in TriCoast Builders, Inc. v. Fonnegra.   (Briefs here; oral argument video here.)

TriCoast Builders is expected to answer these questions: (1) When a trial court denies a request for relief from a jury waiver under Code of Civil Procedure section 631, and the losing party does not seek writ review but instead appeals from an adverse judgment after a bench trial, must the appellant show “actual prejudice” when challenging the order on appeal? (2) Does a trial court abuse its discretion when it denies a request for relief from a jury trial waiver without a showing that granting the request will prejudice the opposing party or the trial court?

The court granted review in April 2022. Horvitz & Levy filed an amicus curiae brief supporting the defendant. More about the case here.

The opinion will be the third of five in cases argued on the December calendar. The remaining two opinions should file by March 4. Additional argued but undecided cases are the two from the January calendar (with opinions likely by March 28) and the four from the February calendar (opinions expected by May 6).

The TriCoast Builders opinion can be viewed Monday starting at 10:00 a.m.