Is a plaintiff entitled to a jury trial in an action to abate a nuisance?

California, United States of America


The following excerpt is from Seltzer v. Eugene Burger Mgmt. Corp., A126308 (Cal. App. 2011):

"[A] party is not entitled to a jury trial in an action to abate a nuisance (Citations)" (Wolford v. Thomas (1987)190 Cal.App.3d 347, 353), and the fact that Seltzer seeks damages in connection with this claim "does not convert this essentially equitable action into a legal one." (Id. at p. 354.)

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