Mechler

— Application for peremptory writ of mandate, directing respondent court and the Honorable Judge thereof to proceed with the hearing and determination of a certain cause. The petition is filed on behalf of Berneita Mechler, a minor, by Nora Mechler, her guardian ad litem, and it recites in substance that on or about the thirtieth day of March, 1927, the said minor, through her guardian, instituted an action against one Grace R. Luther and others seeking to recover alleged damages for personal injuries sustained by plaintiff through the .alleged negli gent operation by defendant Grace R. Luther of a certain automobile in the city of Oakland on or about October 16, 1926. Upon issue being joined, notice of motion to set the cause for trial was duly made, served, and filed. The parties appeared in court by counsel when the case was called to be set, at which time, according to the answer here filed on behalf of respondents, plaintiff’s counsel waived a jury trial and defendant, both orally and in writing, demanded one. Thereupon, on the same day, the court hearing the motion made an order transferring the case to the jury department of said court for trial where it was placed upon the…