California, United States of America
The following excerpt is from People v. Fuquay, 156 Cal.Rptr.3d 170 (Cal. App. 2013):
The record also does not show that defendant wanted a jury trial on the instant petition or that he did not authorize or agree to counsel's waiver or that he opposed or would have opposed counsel's waiver. "As a general rule, a stipulation of the attorney will be presumed to have been authorized by the client, as well in order to uphold the action of the court, as for the protection of the other party to the stipulation; but when the adverse party, as well as the court, is aware the attorney is acting in direct opposition to his client's instructions or wishes, the reason of the rule ceases, and the court ought not to act upon the stipulation, nor can the adverse party claim the right to enforce a judgment rendered by reason thereof." ( Knowlton v. Mackenzie (1895) 110 Cal. 183, 188, 42 P. 580.)
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