Mondor v. United States District Court For The Central District Of California

910 F.2d 585 59 USLW 2109 , 17 Fed.R.Serv.3d 24 Cora MONDOR, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent, and The VESSEL "HAI MONG"; Hyundai Merchant Marine Corporation; Graham & James, Real Parties in Interest. No. 90-70254. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1990. Decided August 3, 1990. As Amended on Denial of Rehearing and Rehearing En Banc Nov. 7, 1990. Petition for Writ of Mandamus. Before NELSON, REINHARDT and BEEZER, Circuit Judges. 1 Petitioner, the plaintiff in the wrongful death case below, originally filed her complaint in California state court. She included in the caption a jury demand that would have satisfied federal rules and procedures if filed in federal court. See Fed.R.Civ.P. 38. Before filing its response to the complaint, the defendant removed the action to the federal court. No further jury demand was made until the pretrial conference held months after all responsive pleadings had been filed. At that time, the district court held that petitioner had waived her right to a jury trial and set the case for a bench trial. Petitioner seeks a writ of mandamus directing the…