P0987 Causes of action to enforce a settlement agreement and to prevent interference with plaintiffs' rights as easement holders sound in equity, so jury trial is not required by the California Constitution or by the Code of Civil Procedure; although attorney fees otherwise might not be recoverable in such an action, they were recoverable under a provision in the settlement agreement the action was brought to enforce.CitationBAUGH v GARL (Jury Trial) 137 CA4 737 [See: CCP 592, 338(b); Martin v County 51 CA4 688, T/AT 1/97]
|
|