What is the test for determining whether a claim is in law or equity?
California, United States of America
The following excerpt is from Nationwide Biweekly Admin., Inc. v. Superior Court of Alameda Cnty., 234 Cal.Rptr.3d 468, 24 Cal.App.5th 438 (Cal. App. 2018):
"Determining whether the gist of a claim is in law or equity depends in large measure upon the mode of relief to be afforded. " ( Asare v. Hartford Fire Ins. Co. (1991) 1 Cal.App.4th 856, 867, 2 Cal.Rptr.2d 452.) " [I]f the action is essentially one in equity and the relief sought "depends upon the application of equitable doctrines," the parties are not entitled to a jury trial. [Citations.] Although we have said that "the legal or equitable nature of a
[234 Cal.Rptr.3d 473]
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