" Aside from the fact that Mrs. Lieberman's position prior to trial was in effect a waiver of any right to trial by jury (see Lee v. Giosso, 237 Cal.App.2d 246, 248 [ 46 Cal.Rptr. 803]; Taliaferro v. Hoogs, 236 Cal.App.2d 521, 529 [ 46 Cal.Rptr. 147]), the cause of action by which Aetna sought to set aside and vacate the judgment was clearly one for equitable relief and there was no right to trial by jury. ( Holt v. Parmer, 106 Cal.App.2d 329, 332 [ 235 P.2d 43].) It is possible, of course, that the quoted statement was intended to be directed to the cause of action in Aetna's cross-complaint in which damages were sought from Beggs in the event Aetna was not successful in its effort to set aside the judgment against Silberman.