WINSTON v. SUPERIOR COURT

Docket No. A040099.

196 Cal.App.3d 600 (1987)

242 Cal. Rptr. 113

FREDERICK WINSTON, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; LEONARD C. GIBBS, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

November 24, 1987.


Attorney(s) appearing for the Case

COUNSEL

William E. Mussman and Carr & Mussman for Petitioner.

No appearance for Respondent.

George M. Carr, Yale H. Smulyan and Carr, Smulyan & Hartman for Real Party in Interest.


OPINION

CHANNELL, J.

In this proceeding for a writ of mandate, petitioner challenges the denial of his motion for relief from his waiver of a jury trial.

On June 13, 1986, petitioner filed a contest to the probate of the will of Guillermo Sarabia, petitioner's brother. Petitioner demanded a jury and trial was set for October 19, 1987. On October 1, petitioner's attorney called the jury department of the superior court to ascertain...

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