MBE Rules · Remedies
Equity-First Trial Sequence
Connell v. Bowes (Cal.)
The rule
In California mixed cases the court tries equitable issues first without a jury, and its findings may dispose of legal claims — the reverse of the federal Beacon Theatres jury-first rule.
In plain English
In California, when a case involves both equitable and legal claims, the court will first address the equitable issues without a jury. This approach allows the court's findings on equitable matters to potentially resolve the legal claims that follow.
Worked example
In a case where a plaintiff seeks both an injunction to stop a neighbor from building a fence and monetary damages for trespass, the court will first hear the request for the injunction. If the court grants the injunction, it may eliminate the need to address the trespass claim altogether.
Memory hook
In California, equity comes before law — no jury, just the judge's call.
The trap
Students may confuse California's equity-first approach with the federal jury-first rule, leading them to misapply the trial sequence. Be careful not to overlook how the findings in equity can impact legal claims.
How examiners test it
Questions often present scenarios with both equitable and legal claims, testing your understanding of the trial sequence and the implications of the court's equitable findings on subsequent legal issues.
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