Davis

Petitioners seek a writ of mandate commanding respondent court to set for trial an action in which they seek to recover damages for personal injuries. It appearing from the petition that the superior court had erroneously ordered the action transferred to the municipal court, an alternative writ of mandate was issued. 1 No- return was made to the alternative writ by *598 either respondent court or the real party in interest, who is the defendant in the pending action. It appearing that the action is one within the jurisdiction of the superior court a peremptory writ of mandate must issue ordering the respondent court to proceed to set the case for trial upon petitioners’ at issue memorandum in accordance with applicable rules of court.

On October 2, 1970 petitioners filed their complaint seeking damages for personal injuries sustained by them on or about April 25, 1970' as a proximate result of the negligence of real party in interest. Petitioner Boyd B. Davis alleged that he sustained injury to his neck, back and spine and suffered pain, shock and suffering. He seeks damages for hospitalization, X-rays, medical and nursing care and attention; and the loss of earnings in…