Shepard-Branom

Shepard-Branom v. Diamond

Good Law
251 Cal. Rptr. 3d 691·39 Cal. App. Supp. 5th 1
Superior Court of CaliforniaJuly 15, 2019No. BV 032699California3,800 words

Opinion

Lead Opinion

McKay, J.

*4 Plaintiff Daeja Paz Shepard-Branom brought a personal injury action to recover *693 damages arising from a vehicle collision with defendant Steven Diamond. Prior to trial, the parties signed a consent agreement to participate in the voluntary expedited jury trial process set forth in Code of Civil Procedure section 630.01 et seq. 1 The jury awarded economic damages to plaintiff in the amount of $2,450, and the trial court entered judgment accordingly.

Plaintiff purports to appeal from an order denying her motion for a new trial, arguing the award was inadequate as a matter of law. Section 630.09 provides that by participating in a voluntary expedited jury trial, the parties agree to waive the right to appeal except under three exceptions not applicable to this case. (§ 630.09, subds. (a), (d).) To this effect, the parties entered into a consent order stipulating that they "waive all rights to appeal." We requested supplemental briefing on the issue of whether the appeal should be dismissed for lack of jurisdiction. We conclude plaintiff waived the right to appeal by executing the consent agreement and by participating in a voluntary expedited jury trial; accordingly, we…

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