"Murder most foul, as in the best it
is.
But this most foul, strange and unnatural."*
The California Constitution declares that trial by jury is an
"inviolate right" that "shall be secured to
all". Cal. Const. Art. I,§16. Despite this expansive
language, this right in the civil context is generally limited to
cases in which the "gist" of the action is legal. If the
"gist" is equitable, there is generally no right to a
jury. Thus, a party's right to a trial by jury depends upon the
court's view of the "gist" of the action.
"Business is business, and it's a murder most
foul"**
Drawing the line between legal and equitable actions becomes a
bit more complicated when fiduciaries are involved. InZF Micro
Solutions, Inc. v. TAT Capital Partners, Ltd., 2022 WL
4090879, the cross-complainant alleged that "TAT
Capital Partners, Ltd., murdered its [the cross-complainant's]
predecessor by inserting a board member who poisoned it". The
trial court decided that there was
