Section 1808

Citation: Section 1808 (8)
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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(8) When deciding whether a jury trial is required for a matter prosecuted in court we look to the "gist of the action." If the "gist" is legal, as *380 opposed to equitable, we have recognized a right to jury trial. (See, e.g., 37 Cal.2d at p. 299; 7 Witkin, Cal. Procedure (3d ed. 1985) §§ 87-96, pp. 87-97, and cases cited.)[50] (7b) That approach, however, does not resolve plaintiff interveners' claim that adjudication of a dispute between private parties in an administrative forum is impermissible because a jury trial is unavailable.[51] Interveners apparently concede the inapplicability of the "gist" test to the present jury trial claim.

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