In J. C. Penney Co. v. Superior Court (1959) 52 Cal.2d 666, plaintiffs filed the action on December 31, 1953, but did not serve the first amended complaint and summons on the defendant until December 31, 1956. Defendant filed its answer on January 21, 1957. On December 5, 1957, nearly four years after the action was commenced, plaintiffs filed a memorandum to set the case for trial. The court set the pretrial conference for March 21, 1958, and the trial for May 15, 1958. However, before the pretrial conference date, plaintiffs and defendant entered into the following agreement: "'It is hereby stipulated . . . that the pre-trial conference . . . may be continued to be re-set upon motion of either party'" . . . to permit the parties to complete . . . discovery . . .'" ( Penney, supra, at p. 668.)