California Court of Appeal

NMSBPCSLDHB v. County of Fresno, F050094

Dismissal of breach of contract claim and denial of demand for a jury on rescission claim are affirmed as the gist of plaintiff's rescission action was equitable rather than legal, and plaintiff was not entitled to a jury trial.

Appellate Information

• Decided 06/26/2007
• Published 06/26/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Marks, Golia & Finch, Davide Golia, Louis J. Blum, San Diego;  Dowling, Aaron & Keeler and Lynne Thaxter Brown, Fresno, for Plaintiff and Appellant.


• For Appellees:
  
• McCormick, Barstow, Sheppard, Wayte & Carruth, Marshall C. Whitney, Timothy J. Buchanan, Fresno;  Dennis A. Marshall, County Counsel, and Kevin B. Briggs, Chief Deputy County Counsel, for Defendant and Respondent.