Sawdey

Petition for writ of mandamus.

The petitioner herein seeks a writ of mandamus which would compel the court below to restore to the pretrial calendar and to set for trial an action for divorce in which she is plaintiff and cross-defendant. The petition presents for original determination by this court several issues concerning the application of the conciliation court law.

The matter arose in this way: The petitioner filed an action for divorce in the Superior Court in and for the City and County of San Francisco, which, after answer and cross- *731 complaint, duly came on for pretrial conference. At the pretrial conference, without prior notice, the defendant and cross-complainant husband filed a petition for conciliation. Over petitioner’s objections, the court orally granted the petition and referred the matter to the domestic relations commissioner for proceedings in connection therewith.

To the commissioner’s request that she make an appointment for an interview, the petitioner responded through counsel that she had no intention of effecting a reconciliation with her husband, and that the interview would serve no useful purpose. She was informed by the commissioner through…