Can a waiver be implied by a failure to notify appellant of a continued trial date?

"Waiver is a voluntary relinquishment, expressly or impliedly, of a known right and depends upon the intention of one party only." (Morgan v. International Aviation Underwriters, Inc. (1967) 250 Cal.App.2d 176, 180, 58 Cal.Rptr. 164.) We cannot imply from respondent's failure to notify appellant of the continued trial date a waiver of his right to assert the five-year statute. Nor can such a waiver be implied by his failure to appear for trial. In this situation, a waiver would only have occurred if respondent [206 Cal.App.3d 1180] had in some manner consented to a trial date beyond the five-year mark. Respondent, clearly, did not.