Civil Litigation
May 29, 2020
We should suspend jury trials for unlawful detainer cases
Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are statutorily entitled to trial by jury. It’s not constitutional.
James P. McBride
1290 B St, Ste 318
Hayward , CA 94541-2967
Email: jimmcbridelaw@gmail.com
James is an attorney in Hayward.
The prevailing moratoriums against collection of current rent and evictions unmistakably run afoul of constitutional rights, e.g., the impairment of contract, U.S. Constitution Article 1, Section 10, and taking without just compensation, Fifth and 14th Amendments. Drastic emergency measures, however, are said to be legalistically sound for protection of the public during the COVID-19 pandemic. While that may be a debatable point from a medical perspective, there are c...
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