Cadle Co. v. World Wide Hospitality Furniture, Inc

In Cadle Co. v. World Wide Hospitality Furniture, Inc. (2006) 144 Cal.App.4th 504, which involved an action on a guaranty to recover amounts due on a promissory note, the guarantor's attorney made a strategic litigation decision to have a court trial rather than a jury trial. His client, the guarantor, was present in court when the attorney waived the right to a jury trial and said nothing to indicate a lack of agreement with his attorney's strategy decision. The Court of Appeal found the jury trial waiver to be valid for two reasons. First, trial counsel is authorized to exercise his independent judgment with respect to strategic litigation decisions. (Id. at p. 510.) Second, the client "may not simply sit by in silence, take his chances on a favorable judgment and then, after an adverse judgment, complain on appeal." (Id. at p. 511.)