Hart
Hart v. County of Alameda
Opinion
Opinion
Haller, J.
Hoyt E. Hart II brought this action on behalf of himself and others similarly situated against 25 California counties (Counties), seeking the return of unused jury fee deposits. The trial court sustained the Counties’ demurrers without leave to amend. Hart appeals. We affirm.
Facts
A civil litigant requesting a jury trial must deposit with the court clerk an amount necessary to pay the average mileage and fees of 20 jurors for 1 day. (Code Civ. Proc., § 631.) The deposit must be filed 25 days before the date set for trial, or the litigant waives the right to a jury trial. (Ibid.)
If a jury trial is held, the deposit is used for its intended purpose. But what if a jury trial does not occur because the case is disposed of without impaneling a jury? Generally, a depositor is entitled to the return of his or her deposit. However, Code of Civil Procedure former section 631.3 set forth two exceptions to this rule: A jury fee deposit “shall revert to the county and be deposited in the general fund of the county” if: (1) “the court finds there has been insufficient time to notify the jurors that the trial would not proceed at the time set”; or (2) “[the] jury fees deposited .…