What is the effect of a finding that the Court of Appeal has found that a litigant is entitled to a trial by jury rather than a writ of prohibition or mandate?

California, United States of America


The following excerpt is from Yetenekian v. Superior Court, 140 Cal.App.3d 361, 189 Cal.Rptr. 458 (Cal. App. 1983):

In view of the fact that the court lacked jurisdiction, we find it unnecessary to reach petitioner's remaining contentions. However, with respect to real party's assertion that this matter is not one in which a writ of prohibition or mandate will lie, we cite Selby Constructors v. McCarthy, (1979), 91 Cal.App.3d 517, [140 Cal.App.3d 368] 522-523, 154 Cal.Rptr. 164, wherein the court noted that the appellate court is entitled to review a ruling which would deny a litigant's claim to a trial by jury, by writ or by appeal.

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