Cross v. Superior Court

Briefly, the facts are that in an action brought in the justice court the plaintiff (petitioner herein) therein recovered judgment. Thereupon an appeal from such judgment was taken by the defendant to the Superior Court. More than one year after such appeal had been perfected, the attorney for the plaintiff signed the following stipulation: “It is stipulated the above case may be set for trial.” Thereafter, under the provisions of section 981a of the Code of Civil Procedure, the plaintiff moved the Superior Court to dismiss the appeal on the ground that it had not been brought to trial within…