Jogani

The trial court determined that plaintiff Shashikant Jogani had no right to a jury trial on his claims for quantum meruit and unjust enrichment, and the court entered an order striking his request for jury trial. Jogani petitioned this court for a writ of mandate directing the trial court to vacate its order. We conclude that the trial court erred because quantum meruit is an action at law and thus carries with it the right to a jury trial. We therefore grant the petition.

BACKGROUND

The facts as alleged in the second amended complaint are as follows; Jogani began investing in residential real estate in 1979. By 1989 he had acquired properties with a total value in excess of approximately $375 million, with equity of approximately $100 million. In the late 1980’s and early 1990’s, however, a nationwide economic recession, a “virtual depression” in the real estate industry, and other factors adversely affected his business.

Jogani’s brothers are partners in an international business enterprise. In the wake of the downturn in Jogani’s residential real estate business, his brothers invested in his business, which Jogani continued to manage. By mid-2002, the fair market…