Malan Realty Investors, Inc. v. Harris

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that contractual jury trial waivers are enforceable as long as “the waiver was knowingly and voluntarily or intelligently made”
• explaining that a trial court must determine whether a jury trial waiver “was knowingly and voluntarily or intelligently made”
• enforcing a contractual agreement to waive the right to jury trial
• waiver clause enforceable where not inconspicuous and no evidence of unequal bargaining power
• waiver was made knowingly and voluntarily where there was “no evidence that the defendant was under any bargaining disadvantage,” as “defendant retained counsel to represent her interests” and neither she nor her attorney “requested any changes in the jury waiver paragraph”
• waiver was conspicuous where “[t]he print size of the waiver provision was the same size as that found throughout the lease” and the “waiver paragraph was not buried in the lease” but was “prominently displayed” on the last page above the signature lines

Source: CourtListener parenthetical corpus (CC0).