How have courts dealt with a motion striking a defendant's request for a jury trial based solely on counsel's failure to comply with local fast track rules?

6 In Cooks v. Superior Court (1990) 224 Cal.App.3d 723, 274 Cal.Rptr. 113, the trial court denied a defendant's demand for a jury trial due to defense counsel's failure to submit proposed jury instructions within the period required by local fast track rules. The appellate court issued a writ of mandate directing the trial court to vacate its order striking defendant's jury request. The court relied on Moyal, supra, 208 Cal.App.3d 491, 256 Cal.Rptr. 296, and held that Code of Civil Procedure section 575.2 applied to fast track actions and precluded denial of a defendant's constitutional right to a jury trial based solely on counsel's failure to comply with local fast track rules.