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. On the stated facts, set forth in the petition, mandate is not the appropriate remedy. (Donohue v. Superior Court, 93 Cal. 252 [28 Pac. 1043].)

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