Kumnick

The City of Redondo Beach filed an action in eminent domain involving property owned by defendant Guarino, appellant herein; while other answering defendants were represented by counsel, Guarino appeared in propria persona. On November 28, 1961, counsel for defendant Kumnick, the city attorney, and defendant Guarino demanded a trial by jury (joint pretrial statement, p. 2[1] • pretrial conference order, p. 2), and accordingly the cause was set for a jury trial on January 22, 1962 (notice of trial). On that day Guarino appeared; after the case was called for trial, the following colloquy took place:

The judge then proceeded to trial without a jury and took over most of the direct examination of defendant Guarino. The cause was submitted on the same day it was tried, January 22, 1962. An interlocutory judgment in condemnation was entered on March 28, 1962. Meanwhile, Guarino retained counsel who moved for a new trial on all statutory grounds. Heard on affidavit, the motion was denied. Guarino appeals from the judgment; the sole issue before this court is whether the lower court denied his right to a trial by jury and erred in denying his motion for a new trial on that ground.

A…