Sarracino v. Superior Court

MOSK, J.—I dissent.

The majority advance two incomprehensible and contradictory definitions of “stipulation.” It is, they state, a document “signed by plaintiff alone” *14(ante, p. 7), and thereafter they cite with approval (at fn. 5) Barfield v. Superior Court (1963) 216 Cal.App.2d 476, 479 [31 Cal.Rptr. 30], which describes the stipulation there as “the agreement between-court and litigant.”

I have always deemed the term to be universally understood as “An agreement between counsel respecting business before the court.” (Italics added.) (Black’s Law Dict. (4th ed.) p. 1586.) The term…