Lease Clause Waiving Tenant's Right to Jury Trial Is Unenforceable

What Happened: The owners of a hair salon sued their shopping center landlord for breach of lease, wrongful eviction, and other claims. They wanted a jury trial, but the landlord objected, citing the lease provision purporting to waive the tenants’ “right to a trial by jury in any action, proceeding or counterclaim on any matter whatsoever arising out of or in any way connected with this lease.” The tenants claimed the waiver clause was unenforceable.