Facts

Fernando Garcia filed an unlawful detainer complaint against Jacqueline Cruz, alleging that they Cruz had not paid the required rent on Jan. 1, 2013. Garcia then served Cruz with a three-day notice to pay rent or quit, but Cruz neither paid the rent nor vacate the premises.

Cruz denied all allegations and asserted various affirmative defenses. Cruz also claimed that Garcia breached the implied warranty of habitability and that Garcia refused to accept the tender of rent payment.

On Feb. 13, 2013, Cruz demanded a jury trial. The trial court thereafter ordered Cruz to post $2,550 for the unpaid rent, but Cruz objected. As a result, the court took the jury trial off calendar and the matter proceeded immediately to a bench trial. Next, the court entered judgment in Garcia's favor, prompting this appeal.

DEFENDANT'S CONTENTIONS:
Defendant contended that she was entitled to a jury trial. Thus, the trial court erred in denying her this right to a jury trial.

Damages

Garcia sought $850 in past due rent plus damages at the rate of $27.95 per day for each day Cruz remained in possession of the premises.

Result

Justice P. McKay, concluding that the trial court deprived Cruz of her constitutional right to a jury trial, reversed the trial court's judgment finding in favor of Garcia.