§2.7 Significant Authorities

• Jurisdiction: Washington

§2.7SIGNIFICANT AUTHORITIES

Significant authorities related to CR 2 are discussed below.

(1) Distinction between law and equity

Although there is only one form of action, courts continue to recognize the distinction between remedies available in law and equity. Yount v.Indianola Beach Estates, Inc., 63 Wn.2d 519, 524-25, 387 P.2d 975 (1964) (prior to adoption of CR 2).

When an action is "primarily equitable in nature," there is no right to a jury trial, and appellant's choice of rescission as requested relief gave the trial court discretion to refuse a jury trial even on related legal causes of action. Brown v. Safeway Stores, Inc., 94 Wn.2d 359, 365-68, 617 P.2d 707 (1980); accord King Aircraft Sales, Inc. v. Lane,68 Wn.App. 706, 718, 846 P.2d 550 (1993).

To determine whether a mixed action is "primarily" equitable or legal in character, a trial court should look past the pleadings to the true nature of the action, particularly the remedy sought. A trial court has broad discretion in...