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CALIFORNIA SCENTS v. SURCO PRODUCTS, INC.

No. 03-56116.

406 F.3d 1102 (2005)

CALIFORNIA SCENTS, aka California Scents, Inc., Plaintiff-counter defendant-Appellant, v. SURCO PRODUCTS, INC., aka Doe 1; Magic Mountain Products, aka Doe 2; Odor Control Central, aka Doe 3, Defendants, Associated Products, Inc., a Pennsylvania Corporation; Ralph J. Simons, Counter-defendants, and Pestco, Inc., a Pennsylvania Corporation dba Pacific Coast; Air-Scent International, a Pennsylvania Corporation, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2005.

Attorney(s) appearing for the Case

Steven Brower (argued) and Robert M. Dato (briefed), Stephan, Oringher, Richman & Theodora, Costa Mesa, CA, for the plaintiff-appellant.

Richard A. Ejzak, Cohen & Grigsby, Pittsburgh, PA, for the defendants-appellees.

Before: PREGERSON, CANBY, JR., Circuit Judges, and REED, JR., District Judge.

PREGERSON, Circuit Judge.

When plaintiff California Scents filed its complaint it did not demand a jury trial. Defendant Pestco answered, filed counterclaims, and did demand a jury trial "as to all counterclaims." In this appeal we consider whether, under Federal Rule of Civil Procedure 38, California Scents reasonably relied on Pestco's jury trial demand "as to all counterclaims" so as to preserve California Scents's right...

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