In Re Wells Fargo Bank Minnesota N.A.

OPINION

ANDERSON, Justice.

Relators, Wells Fargo Bank Minnesota N.A., as Trustee and Orix Capital Markets, LLC, seek a writ of mandamus ordering respondent, the Honorable Joseph Halbach, to enforce the parties’ contractual jury waivers in the underlying suit. We conditionally grant the writ.

I. BACKGROUND

Relators filed the underlying suit against Real Parties in Interest — Cyrus II Partnership, Bahai' Development, Inc., and Mondona Rafizadeh — to recover on a $6.4 million mortgage note and guaranty. 1 Real Parties filed a counterclaim alleging bad faith, breach of contract, wrongful acceleration…