In Etchepare v. Ehmke (1955) 137 Cal.App.2d 508, defendant stipulated that trial would be held on September 22. On September 17, defendant's counsel called the court clerk to determine if the case was on the master calendar for the 22nd. He was told there was no stipulation on file and that the earliest date for trial was three months later. The Court of Appeal described what then happened: "Then, without checking the file or docket in the clerk's office, without telephoning plaintiff's attorney regarding the filing of the stipulation or the chances of going to trial, and without any arrangement for trial on the 22d or for a continuance, he 'left town for two weeks.'" Plaintiff and his counsel appeared on the scheduled trial date; the court heard evidence and entered judgment for plaintiff. Defendant brought a motion under section 473, subdivision (b), to have the judgment set aside on the basis of excusable neglect. The trial court denied it, and the Court of Appeal affirmed, holding that the trial court had not abused its discretion. (Etchepare v. Ehmke, supra, 137 Cal.App.2d at p. 511.)