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CROUCHMAN v. SUPERIOR COURT

Docket No. S.F. 24952.

45 Cal.3d 1167 (1988)

755 P.2d 1075

248 Cal. Rptr. 626

JOSEPH CROUCHMAN, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; EL DORADO INVESTORS, Real Party in Interest.

Supreme Court of California.

July 5, 1988.

Attorney(s) appearing for the Case

COUNSEL

Gary B. Wesley for Petitioner.

George Agnost, City Attorney (San Francisco), Harold J. McElhinny, Gayle J. Gribble and Morrison & Foerster as Amici Curiae on behalf of Petitioner.

No appearance for Respondent and for Real Party in Interest.

George Brunn as Amicus Curiae on belhalf of Respondent.

Thomas M. Cecil, Richard A. Elbrecht, Mary-Alice Coleman and John C. Lamb as Amici Curiae on belhalf of Real Party in Interest.

OPINION

LUCAS, C.J.

We granted review to decide whether a defendant in a small claims action at law for money damages has a right to a jury trial in the de novo proceeding in superior court when he appeals from the small claims court judgment.1 We conclude the Court of Appeal correctly held that the appealing defendant has no right to trial by jury.

I. FACTS

Real party in interest,

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