California Court of Appeal
Entin v. Superior Court of Los Angeles County, B239642
Plaintiff's petition for writ of mandate seeking an order directing the superior court to grant his request for a jury trial in his claims for disability income against an insurer is granted, as the insurer's declaratory relief claim raises factual questions pertaining to contractual rights, which are legal in nature, and although the insurer has elected to pay plaintiff benefits while pursuing this action, that does not transform the nature of the dispute into one arising in equity.
Appellate Information
- Decided 08/20/2012
- Published 08/20/2012
Judges
- Zelon
Court
- California Court of Appeal