Attorney Eric Bensamochen successfully represented homeowner Nathaniel Fonnegra in TriCoast Builders, Inc. v. Fonnegra, a case that reached the California Supreme Court and resulted in a published decision clarifying important aspects of California civil procedure.

The case centered on whether a party that failed to timely demand a jury trial and pay the required jury fees could later revive that right after the opposing party withdrew its jury demand on the eve of trial. The Supreme Court affirmed the trial court’s decision to proceed with a bench trial, holding that jury trial rights may be waived by inaction and that relief from such a waiver lies within the trial court’s discretion.

The Court’s ruling reinforced long-standing principles governing jury waivers under Code of Civil Procedure section 631 and rejected attempts to obtain appellate reversal without a showing of actual prejudice. This decision has lasting significance for litigants and trial courts throughout California.

Eric Bensamochen’s successful advocacy before the state’s highest court highlights his deep command of civil procedure, strategic litigation judgment, and ability to prevail in high-stakes appellate matters.