In Heim v. Houston (1976) 60 Cal.App.3d 770, the court held that "since the 10 days' notice was not given by the clerk, subdivision 4 required the court to continue the trial for a sufficient time for the notice to be given and to afford appellant 5 days in which to demand a jury and deposit advance jury fees. The court's summary denial of appellant's request for a jury trial, where the requirements of the subdivision had not been met, constituted an erroneous denial of appellant's right to a jury trial and a miscarriage of justice requiring reversal of the judgment. Appellant's participation in the trial after her request for a jury had been denied does not preclude her from asserting error in the ruling on appeal. " ( Id., at p. 774.)