Yu v. West Bend Mutual Insurance Co. CA4/3
Plaintiff Bann-Shiang Liza Yu appeals from a judgment entered by the court in favor of defendant West Bend Mutual Insurance Company despite her demand for a jury trial. Plaintiff sued defendant for breach of contract, bad faith, and equitable contribution, indemnity, and subrogation, all based on assignments of rights by parties and their insurers with whom she had settled an underlying construction defect action.
Plaintiff claims the court violated her right to a jury trial by entering judgment in favor of defendant without using a proper procedural vehicle. She also argues the court erroneously interpreted the underlying settlement agreements and assignments of rights. Finally, she contends the court erroneously dismissed her peremptory challenge. (Code Civ. Proc., § 170.6; all further statutory references are to this code.)
We agree there was no proper procedural vehicle for the court to enter judgment in favor of defendant.
Comments on Yu v. West Bend Mutual Insurance Co. CA4/3