(DOWNLOAD) "People v. Guardado" by Sixth Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: People v. Guardado
- Author : Sixth Appellate District Court of Appeal of California
- Release Date : January 29, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Petitioner, Interactive Multimedia Artists, Inc. (IMA), entered into a subscription and stockholders agreement (Agreement) which included a choice of law provision selecting Delaware law. The trial court found the choice of law provision enforceable, and applying Delaware law, struck IMAs request for a jury trial on a breach of fiduciary claim by which IMA sought monetary damages. Petitioner sought our intervention on the jury trial issue. We granted an alternative writ and stayed trial court proceedings, in order to consider whether IMA is entitled to a jury trial. We conclude that the Delaware action for breach of a fiduciary duty is an equitable action under both Delaware law and California law and hence that IMA is not entitled to a jury trial. We therefore deny IMAs petition for a writ of mandate/prohibition.