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§ 720.410.No Right to Jury Trial

Title 9. Enforcement of Judgments · Division 4 · Chapter 4. Hearing on Third-Party Claim · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 720.410 eliminates any right to a jury trial in a proceeding on a third-party claim under this chapter, leaving the court alone to decide the claim's validity and the property's disposition.

Full Text of § 720.410

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There is no right to a jury trial in a proceeding pursuant to this chapter.

Plain-English Summary

A third-party claim hearing doesn't play out in front of a jury. Section 720.410 states plainly that there's no right to a jury trial in a proceeding under this chapter -- the court alone decides the claim's validity and, where appropriate, how the property or its proceeds should be distributed.

That fits the proceeding's design as a fast, self-contained determination of a discrete question, not a full trial of every issue between the parties. Combined with § 720.400's dispensing with formal findings, the hearing is built for speed and finality rather than the procedural machinery of an ordinary civil trial.

Frequently Asked Questions

Is a third-party claim hearing decided by a jury?

No. Section 720.410 eliminates any right to a jury trial in these proceedings; the court decides alone.

Why doesn't this proceeding involve a jury?

The proceeding is designed as a quick, focused determination of the claim's validity and the property's disposition, not a full trial of every disputed issue between the parties.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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