What are the arguments in a civil case where defendants argue that whether appellants violated section 327 of the Penal Code should have been determined by a jury?

Defendants argue: 'Whether appellants violate Penal Code section 327 should have been determined by a jury in a criminal proceeding.' [61 Cal.App.3d 916] Appellants' demand for a jury trial was denied on the ground that the relief sought in the complaint was essentially equitable in nature and the fact that imposition of civil penalties might also result did not serve to change the nature of the case. This court affirmed the propriety of proceeding in such matters without a jury in People v. Witzerman, 29 Cal.App.3d 169, 176--177, 105 Cal.Rptr. 284, 289, where the court said: