C & K ENGINEERING CONTRACTORS v. Amber Steel Co.

*5Opinion

RICHARDSON, J.

The issue posed by this case is whether or not defendant was improperly denied its constitutional right to a jury trial. (Cal. Const., art. I, § 16.) We will conclude that because plaintiff’s suit for damages for breach of contract was based entirely upon the equitable doctrine of promissory estoppel (see Drennan v. Star Paving Co. (1958) 51 Cal.2d 409 [333 P.2d 757]), the gist of the action must be deemed equitable in nature and, under well established principles, neither party was entitled to a jury trial as a matter of right.

Plaintiff, a general contractor, solicited…