Dounel v. Duel CA4/3
Plaintiff Amir Dounel appeals from a judgment in favor of defendants Ebrahim Duel, Helda Duel, David Duel, Duel Family Limited Partnership and 3211 East Mandeville, LLC (collectively Duel). Dounel had asserted legal and equitable claims against Duel, but the trial court dismissed the legal claims for failure to bring them to trial within five years. Following a court trial on the equitable claims, the court found in favor of Duel. Dounel contends the judgment must be reversed because the trial court erred in denying him his constitutional right to a jury trial. As explained below, we conclude the trial court erred in dismissing Dounel’s legal claims. We also conclude a full reversal is warranted because the equitable claims are factually intertwined with the legal claims and Dounel was denied an opportunity to preserve his right to a jury trial. Accordingly, we reverse.
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