Leslie

Plaintiffs (appellants) appeal from the denial of their motion for the continuance of trial in order to obtain funds for the payment of jury fees for the second and subsequent days of trial.

The facts are simple and undisputed. Appellants brought an action for personal injuries. The defendants (respondents) demanded a jury trial and posted one day’s jury fees. Appellants indicated in their at-issue memo that they did not demand a jury. On January 10, 1973, the first day of trial, respondents informed appellants that they had decided to waive jury. Appellants requested a reasonable time to obtain the funds necessary to pay the anticipated jury fees.

The trial court denied the request for a continuance, directed that the jury be released and the trial commenced. Appellants proceeded to trial and at the conclusion of the trial judgment was for defendants.

The issue before us is whether the trial court abused its discretion by denying appellants’ request for a continuance. We hold that it did.

Code of Civil Procedure section 631 provides that trial by jury may be waived by the parties in the manner specified in that section; provided further in subdivision 4 that “if a…