Holt v. Parmer

1 Citing case

  1. Bank of America v. Ryan

    207 Cal.App.2d 698 (Cal. Ct. App. 1962)   Cited 25 times
    Stating that if a constructive trust is to be imposed on money and other property, the beneficiary thereof is entitled to recover rents, income, and profits on such property

    [9] "`[W]here the case as made by the pleadings involves the application of the doctrines of equity and the granting of relief, which can be obtained in a court of equity, and not elsewhere, the parties are not entitled to a jury trial.'" ( Holt v. Parmer, 106 Cal.App.2d 329, 332 [ 235 P.2d 43], quoted with approval in Tibbitts v. Fife, 162 Cal.App.2d 568, 573 [ 328 P.2d 212].) [10, 11] Examination of plaintiff's complaint discloses that the gist of its action is equitable in nature.