Aharoni v. Malibu Lake Mountain Club
In this action for injunctive relief and damages, the trial court denied plaintiffs request for a jury trial and, after conducting a bench trial on the parties dispute over the express or implied contractual right to use an access road, entered judgment for defendants. Court conclude that plaintiffs were not entitled to a jury trial of the contract dispute, and that portion of the judgment is affirmed. As for the fourth and ninth causes of action for tort damages, which were not tried, that portion of the judgment is reversed for the limited purpose of allowing the plaintiffs to present any additional evidence.
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