What is the test for a litigant's right to a trial by jury?

In Ripling v. Superior Court, 112 Cal.App.2d 399, 247 P.2d 117, the court gives cogent expression to the principles determinative of a litigant's right to a trial by jury. These principles, as far as they are here germane, may be epitomized as follows: (1) If the gist of the action as framed by the pleadings is such that the issues raised were cognizable at law in 1850, a trial by jury is a matter of right; (2) even though the case involves equitable principles, if it is one where the common law courts could and would grant relief, trial by jury is preserved; (3) where law and equity possess concurrent jurisdiction to provide relief, the mere existence of a remedy in equity cannot operate to defeat a party's right to elect to proceed at law; (4) it is only where the issues to be tried are exclusively cognizable in equity that a suitor is [145 Cal.App.2d 707] deprived of the right to a jury trial; (5) those issues that are legal in nature are triable to a jury, 112 Cal.App.2d at pages 401-402, 407, 247 P.2d 117. Where an action presents issues of both a legal and equitable nature, a party is entitled to trial by jury of any legal issue remaining after the equitable aspects of the case have been determined by the court. Connell v. Bowes, 19 Cal.2d 870, 123 P.2d 456.