Maldonado

Petitioner is the defendant in San Francisco Superior Court No. 16272, Robert A. Imhoff v. Sue Ann Maldonado. The action is one in *187 unlawful detainer. Following entry of judgment against her in small claims court, petitioner appealed to the superior court and the case was set for a trial de novo. Petitioner filed a demand for a jury trial and a request for waiver of jury fees and costs; the request was accompanied by a declaration showing that petitioner was indigent and was receiving benefits under the aid to families with dependent children. That request was denied by the superior court on February 7, 1983, in an order which stated “In the exercise of its discretion, the court denies the application.” The instant petition followed.

We issued a stay of the trial. Neither the court nor real party in interest filed a response to the petition, despite our request for a response addressed to real party and to the City Attorney of San Francisco.

We conclude that no purpose would be served by issuance of an alternative writ, and so issue our peremptory writ in the first instance. (Code Civ. Proc., § 1088.)

Government Code section 68511.3, subdivision (a)(5)(A) and rules…