Either party may file a demand for jury trial. The demand must be timely filed per statute or the right to a jury trial is waived.Can I ask for a jury trial? You and your landlord have a right to a jury trial. A jury trial must be demanded when the case is first set for trial (if set on notice or stipulation) or within 5 days after notice of setting. In California, any litigant in a civil lawsuit has the right to demand a jury trial. Ment the trial judge must determine the basic nature of the issue; and if it is legal in nature, a demand for a jury trial must be granted. Concise statements of the essential elements that must be pleaded for most causes of action can be found in the California Civil Jury Instructions ("CACI"). § IN THE JUSTICE COURT. Plaintiff(s). §. (3) By oral consent, in open court, entered in the minutes.