Rowe

In this wrongful death action, the sole question for our determination is whether plaintiffs were unlawfully denied a trial by jury. We have concluded that they were and the judgment rendered by the court in defendants’ favor must be reversed.

Plaintiffs commenced the instant action in the Count)’ of Alameda on June 6, 1960, against defendants Rowe and the County of Sonoma, hereafter referred to as the County. It was thereafter transferred to the Superior Court of the County of Sonoma. On January 10, 1961, after the cause was at issue, plaintiffs filed a memorandum to set the case for trial. Counsel for plaintiffs used a printed form of memorandum conforming to the requirements of former rule 6, Rules for the Superior Courts (now Cal. Rules of Court, rule 206) but failed to complete the same so as to indicate whether or not they demanded a jury trial. On January 17, 1961, defendant Rowe filed a "Demand For Jury. ’’

A pretrial conference was held on October 6, 1961. As the pretrial conference order of said date recites, one of plaintiff’s counsel “telephoned the court shortly before the time set for the conference stating that he had encountered car trouble and would be unable to…