Byram

—In this proceeding for a writ of mandate and in the alternative for writ of prohibition, the question presented is whether it was an abuse of discretion by defendant court to deny petitioner’s motion for relief from his waiver of a juiy trial.

Petitioner filed a personal injury action in the Sacramento County Superior Court (No. 232595) on March 22, 1973, and requested a juiy throughout the proceedings. Trial was set for July 11, 1977, and on July 1, 1977, petitioner received notice that the jury fees for the first day had not been deposited 14 days in advance. The failure to deposit the jury fees was not a knowing failure but was due to inadvertence, his attorney having relied upon his secretary to make the deposit and she having failed to do so.

The same day petitioner received the notice he notified respondent and real parties in interest that relief would be sought from the waiver of juiy under Code of Civil Procedure section 631. Petitioner filed his motion for relief of the waiver on July 1, 1977; the matter was heard on July 7, 1977, and on July 8, 1977, respondent, without stating its reasons, denied the motion.

At the hearing real parties in interest filed no…