March

Marlene A. March, as administratrix of the estate of Don D. March, appeals from a judgment adverse to her in an action in which she sought from several defendants a partnership accounting and damages for professional malpractice of lawyers and accountants. The sole question is whether the court erred in rejecting a demand by appellant for trial by juiy.

Trial by jury had been requested only by the attorney defendants. Later, when the matter was assigned out to trial, the attorney defendants waived a jury. Appellant immediately demanded a jury and offered to tender jury fees. That demand was rejected and the action proceeded to trial without a jury. The court rendered judgment in favor of defendants. Subsequent to the entry of judgment, the case was partially settled, leaving the attorneys and accountants as defendants for alleged malpractice. The present appeal followed.

Appellant first contends that the denial of a jury trial was improper under California Constitution, article I, section 16. The Constitution provides: “Trial by jury is an inviolate right and shall be secured to all.... In a civil cause, a jury may be waived by the consent of the parties expressed as…