California, United States of America
The following excerpt is from Briggs v. Superior Court of Kern Cnty., F075179 (Cal. App. 2018):
This interpretation of the stipulation is precluded by established principles. A stipulation is deemed to be one that extends the time within which an action must be brought to trial within the meaning of section 583.330, if it contains either of two types of provisions: a provision expressly agreeing to a trial date beyond the five-year period, or a provision expressly waiving the right to dismissal. (Sanchez v. City of Los Angeles (2003) 109 Cal.App.4th 1262, 1269, fn. 3.) In this case, the parties' stipulation expressly agreed to a trial dateOctober 24, 2016beyond the five-year period. It follows that it was a stipulation to extend the time within which the action must be brought to trial, not merely a conditional waiver of the right to dismissal.
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