Cohen

Petitioner, the plaintiff in an action of unlawful detainer, seeks a writ of mandate commanding respondent court to give that action precedence on the pretrial calendar in order to expedite setting it for trial. (See Code Civ. Proc., § 1179a 1 ; Kartheiser v. Superior Court (1959) 174 Cal.App. *552 2d 617, 621-623 [ 345 P.2d 135 ]; and Lori, Ltd., Inc. v. Superior Court (1946) 74 Cal.App.2d 442, 443 [ 168 P.2d 982 ],)

Real parties in interest contend that there is no issue remaining in relation to the right to possession of the premises in question; that the action has become transmuted into a mere civil action for damages; and that therefore there is no longer a right to precedence.

The record before this court indicates that there are factual and legal issues to be resolved in order to determine whether real parties in interest continue to interfere with petitioner’s right to possession. A peremptory writ must issue.

According to the complaint and the declarations filed by petitioner in support of her motions to advance, she leased the premises involved to real parties in August 1956. At the same time, she sold a cleaning business and the personal property and trade…