In a California employment lawsuit, a defendant employer that doesn’t post its own $150 jury fee by the initial case management conference can lose the right to a jury. Relying on the employee’s jury demand isn’t safe: if the employee later drops the demand, the employer may be left with a bench trial it didn’t plan for. The California Supreme Court held in 2024 that relief from a waiver is discretionary, and that a party who skips writ review must later show actual prejudice to undo a bench trial on appeal.
When is the jury fee due?
Usually by the initial case management conference. Code of Civil Procedure section 631(b) requires that “At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.” Under subdivision (c), the fee “shall be due on or before the date scheduled for the initial case management conference in the action,” with a few exceptions, including for parties who appear late.
The fee is per side. All plaintiffs count as one side and everyone else counts as the other. When several defendants are sued together, such as a company and an individual supervisor, one defense payment protects the whole defense side.
Why can’t the employer rely on the employee’s fee?
Because the employee’s payment doesn’t protect the other side. The statute says “Payment of the fee by a party on one side of the case shall not relieve parties on the other side of the case from waiver,” under section 631(b). Employees usually demand juries in employment cases, so employers sometimes assume a jury is locked in. It isn’t. If the employee waives on the morning of trial, an employer that never paid its own fee has no jury right left to stand on.
Some defense teams prefer a bench trial in a given case. That’s a legitimate strategic choice, but it should be made deliberately, not by missing a $150 deadline.
What other acts waive a jury?
Several. Section 631(f) lists them, including “By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee,” and by failing to deposit daily jury fees at the start of the second and each later day of trial.
| Waiver trigger | Statute | How to avoid it |
|---|---|---|
| Late $150 fee | CCP § 631(f)(5) | Post it by the initial CMC |
| No jury announcement at trial setting | CCP § 631(f)(4) | Request a jury when the case is set |
| Missed daily deposit | CCP § 631(f)(6) | Deposit each day starting day two |
| Written or oral consent | CCP § 631(f)(2), (3) | Don’t stipulate without a decision |
Can a court grant relief from a waiver?
Yes, but it’s discretionary. Section 631(g) says “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”
In TriCoast Builders, Inc. v. Fonnegra (Cal. Feb. 26, 2024, S273368), the Supreme Court rejected the idea that relief is automatic whenever no one would be harmed. “The presence or absence of hardship is always a primary consideration,” the court wrote, and it is often dispositive when a party gave timely notice and missed only a technical step like the fee. But the request “always calls for consideration of multiple factors in addition to hardship, including the timeliness of the request and the reasons supporting the request.”
What if relief is denied?
Seek writ review promptly. The TriCoast court held that where a party validly waived and then challenges the denial of relief only on appeal from the judgment, “prejudice from the denial of section 631(g) relief will not be presumed but must be shown.” Showing that a bench trial produced a different outcome than a jury would have is very hard. In practice, an employer denied relief should decide right away whether to petition for a writ of mandate before trial.
The same timing logic applies to other trial and post-trial deadlines. Post-verdict options are covered in the firm’s post on JNOV motions after an employment verdict.
What should an employer do to protect its jury right?
Treat the jury fee as an early case task.
- Preserve proof of payment, the case management statement, and any minute order setting the trial and noting a jury demand.
- Calendar the initial case management conference as the fee deadline, and confirm whether an arbitration agreement could move the case out of court entirely.
- Identify every defendant on the defense side and confirm one of them has paid.
- Pull the court’s trial-setting order and confirm the jury request appears on it.
- Talk to trial counsel about whether a jury or a bench trial better fits the case before any stipulation to waive.
Decisions like these are part of preparing California employers for jury trial.
Jury waiver questions employers ask
Is the $150 fee refundable if the case settles?
No. The statute calls it a nonrefundable fee. For a defendant in an employment case, that’s a trivial cost compared with losing the jury option. Posting it early preserves the choice; a defense team can still decide later, with the other side’s agreement, to try the case to the court.
What if the employee waives a jury the day of trial?
If the employer paid its own fee, the employer still has its jury right. If it didn’t, the employer must ask the court for relief under subdivision (g). Under TriCoast, the court weighs hardship, timeliness, and the reasons for the request. A same-day request after an intentional choice not to pay is the weakest kind.
Are daily jury deposits required too?
Yes. The parties demanding a jury must deposit each day’s juror fees and mileage at the start of the second day and every day after that. Missing a deposit is a separate ground for waiver. Trial budgets should account for these deposits, which the court may divide among parties that demanded a jury.
If your company is heading to trial in an employment case
If your company has been sued by a current or former employee and the case is moving toward trial, the jury fee and the trial-setting record usually decide whether a jury hears it. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including claims headed to jury trial. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statute is Code of Civil Procedure section 631. The relief standard is TriCoast Builders, Inc. v. Fonnegra (Cal. Feb. 26, 2024, S273368).
This post is general information about California and federal employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.