Question from Wonder, What to Do If a Commissioner Presides Without Consent in CA Unlawful Detainer?
Answer from AI:
If a commissioner presides over a California Unlawful Detainer jury trial without the written consent of both parties, several steps can be taken to address the issue:
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Object and Seek Reassignment: The parties can object to the commissioner presiding and request that the case be reassigned to a judge. This is based on the understanding that commissioners may not have the authority to preside over jury trials without consent.
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Challenge the Proceedings: If the commissioner has already made rulings, these may be considered voidable. The parties can challenge the validity of the proceedings due to the commissioner’s lack of authority.
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Appeal the Decision: If the case results in an unfavorable judgment, the parties may have grounds for appeal, arguing that the commissioner’s role was improper without consent.
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Consult Legal Counsel: It is advisable for the parties to seek legal advice to navigate the situation effectively, as procedural nuances can be complex.
For more information, you can refer to the California Code of Civil Procedure and relevant case law for specific precedents.
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