Skip to main content

California Court of Appeal

Reset A A Font size: Print

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



  • California Court of Appeal


  • 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.
Copied to clipboard