Found the following information regarding exceptions to the no jury trial in probate court rule...
In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered as provided in this Code. Where in these cases there are issues both of law and fact, the issue of law must be first disposed of. In other cases, issues of fact must be tried by the Court, subject to its power to order any such issue to be tried by a jury, or to be referred to a referee, as provided in this Code." [Ca Civ Pro § 592]
Actions Classified As Legal (To Be Tried By A Jury): The actions noted below are recognized to be "legal" in nature and hence triable by jury. (This is, by no means, a complete list)
- To recover specific real or personal property with or without damages. [Ca Civ Pro § 592]
- To recover money due on a contract. [Ca Civ Pro § 592]
- To recover money due under common count theories
- To recover damages for breach of contract. [Ca Civ Pro § 592]
- To recover damages for fraud
- To recover a fraudulent conveyance of a determinate sum of money.
- For restitution of benefits paid under a contract following rescission thereof. Here, the relief sought is legal although measured by equitable doctrines.
- To recover damages for negligence. [Ca Civ Pro § 592]
- To recover damages on a cross-complaint for equitable indemnity.
- To recover damages for injury to real or personal property. [Ca Civ Pro § 592]
- To recover damages for violation of a statute.
- To recover a secret profit obtained in breach of fiduciary duties.
- To compel a trustee to pay monies immediately and unconditionally due to a beneficiary.
