Section 1810. Claimant's right to action at law or in equity Nothing in this article shall prevent a claimant from commencing an action on his claim at law or in equity, provided that where a claim has been presented and rejected or deemed rejected pursuant to 1806 in whole or in part the action must be commenced within 60 days after such rejection

Failure  to  bring  such  action within 60 days shall not,
  however, be deemed a waiver of claimant's right to a jury trial.