Zhu
Zhu v. Li
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JIAJIE ZHU, Case No. 19-cv-02534-JSW
Plaintiff,
ORDER REGARDING PRETRIAL
v. CONFERENCE
JING LI, et al., Defendants.
12 On October 3, 2022, the parties appeared before the Court for a pretrial conference. This order addresses certain issues raised at the parties’ pretrial conference. The Court HEREBY ORDERS as follows: A. Accounting Claim The issue before the Court is whether Plaintiff’s claim for an accounting sounds in law and warrants a jury trial. Plaintiff argues it is an equitable claim for which there is no right to a jury trial. Defendants disagree. The Seventh Amendment right to a jury trial applies in “suits at common law.” U.S. Const. amend. VII. “Suits at common law” include statutory claims that are legal as opposed to equitable. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340, 348 (1998). To determine whether the Seventh Amendment provides a right to jury trial, the court examines…