Wharton

Petitioners successfully assert that respondent court abused its discretion as a matter of law when it denied their request for a jury trial.

Real party filed a lawsuit against petitioners for injuries which she claimed to have suffered in an automobile collision. On January 19, 1990, petitioners timely answered the complaint and served a demand for jury trial.

The case was ordered into arbitration and the arbitrator issued a ruling in favor of real party. On December 3, 1990, petitioners timely filed a request for a trial de novo and posted the sum of $150 which petitioners’ counsel believed was sufficient as an advanced jury fee deposit.

At the January 11, 1991, trial setting conference petitioners said that the matter would be a five-day jury trial. The case was scheduled to be tried by jury on March 15, 1991.

On March 5, 1991, respondent court mailed a notice to the parties indicating that trial by jury had been waived due to petitioners’ counsel’s failure to deposit the required $250. (See Code Civ. Proc., § 631, subd. (a)(5); Rules of Santa Barbara County Superior Court, rule 306.)

At the March 8, 1991 settlement conference, petitioners’ counsel again requested…