Cohill

The dispositive issue on this appeal is whether the trial court denied plaintiff-appellant his right to a jury trial. We conclude it did and reverse the judgment.

Procedural Background

We need not again fully recount the procedural history of this matter. On February 20, 1991, in an unpublished opinion (Cohill v. Nationwide Auto Service Inc., B044848) we provided that history.

It suffices to state that in 1978 Joe A. Cohill (plaintiff and appellant) obtained an automobile loan from San Diego Navy Federal Credit Union (defendant, respondent, and Credit Union). In 1982, when his payments were delinquent, Credit Union hired Nationwide Auto Service (defendant, respondent, and Nationwide) to repossess the automobile from Mr. Cohill’s secured underground garage. In 1984 Mr. Cohill brought the instant action against respondents. In 1989 the trial court dismissed the action for failure to bring it to trial within five years. On appeal, we reversed the order of dismissal and directed the superior court “to give the matter priority and set the case for trial at the earliest possible date.” The remittitur was filed June 13,1991. On November 21, 1991, the superior court notified…