Is a writ of mandate sufficient to secure the right to a jury trial?

California, United States of America

The following excerpt is from Byram v. Superior Court, 141 Cal.Rptr. 604, 74 Cal.App.3d 648 (Cal. App. 1977):

A writ of mandate is a proper remedy to secure the right to a jury trial. (See Turlock Golf etc. Club v. Superior Court, supra, 240 Cal.App.2d at p. 695, 50 Cal.Rptr. 70.) After a trial to the court it may be difficult for the petitioner to establish that he was prejudiced by the denial of a jury trial. In addition, even if he could establish such prejudice as to warrant reversal of the judgment, such a procedure would be inefficient and time consuming.

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