THE COURT.

In substance, the petitioner herein prays for a writ of mandate to compel the Superior Court to allow a jury trial in a case wherein the right of trial by jury has been denied. [1] On the stated facts, set forth in the petition, mandate is not the appropriate remedy. (Donohue v. Superior Court, 93 Cal. 252 [28 P. 1043].)

Wherefore it is ordered by the court that the petition for writ of mandate be denied.