When a case involves mixed issues of , a trial court may not act as a factfinder on issues it specifically reserves for jury determination. In this case, in granting a JNOV, the trial court “improperly transformed its equitable finding of unenforceability as to specific performance into a finding of unenforceability as to the legal issue of damages.” (Darbun Enterprises, Inc. v. San Fernando Community Hospital (Cal. App. Second Dist. Div. 4; August 12, 2015) 239 Cal.App.4th 399 [191 Cal.Rptr.3d 340].)Mixed Issues Of Equity And Law.
When a case involves mixed issues of , a trial court may not act as a factfinder on issues it specifically reserves for jury determination. In this case, in granting a JNOV, the trial court “improperly transformed its equitable finding of unenforceability as to specific performance into a finding of unenforceability as to the legal issue of damages.” (Darbun Enterprises, Inc. v. San Fernando Community Hospital (Cal. App. Second Dist. Div. 4; August 12, 2015) 239 Cal.App.4th 399 [191 Cal.Rptr.3d 340].)