Does a plaintiff have any grounds to seek a jury trial on some aspects of their Fifth Cause of Action to set aside the foreclosure?

^13. In their reply brief, plaintiffs (citing Selby Constructors v. McCarthy, supra, 91 Cal.App.3d 517) suggest they may be entitled to a jury trial on some aspects of their Fifth Cause of Action to set aside the foreclosure. Plaintiffs have waived or forfeited any such argument. As noted, plaintiffs expressly stated in the trial court that they did not seek a jury trial on this cause of action, and that it was an equitable claim.

^14. In the trial court, it appears plaintiffs elected to pursue damages, rather than equitable relief, as to these causes of action. (See Walton v. Walton (1995) 31 Cal.App.4th 277, 292-293.) The portions of plaintiffs' post-trial briefs and the trial court's statement of decision addressing these claims focused on whether plaintiffs had established the elements of the causes of action and whether they had proven damages, rather than on whether they were entitled to the equitable remedies mentioned in the Fifth Amended Complaint.