California, United States of America
The following excerpt is from Van de Kamp v. Bank of America, 204 Cal.App.3d 819, 251 Cal.Rptr. 530 (Cal. App. 1988):
The essence of plaintiffs' contention is that, although equitable principles are involved in the case, the action is one for legal relief, i.e., damages. Relying on the principle "the legal or equitable nature of a cause of action ordinarily is determined by the mode of relief to be afforded" (Raedeke v. Gibraltar Sav. & Loan Assn. (1974) 10 Cal.3d 665, 672, 111 Cal.Rptr. 693, 517 P.2d 1157), plaintiffs contend they were therefore entitled to a jury trial. This contention applies to their first through fifth
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