Johnson v. Sweeney

In Johnson v. Sweeney (1892) 95 Cal. 304, the plaintiff's attorney orally granted the defendant's attorney an extension of time to file a demurrer. Nevertheless, before the extension expired, the plaintiff's attorney obtained the entry of a default judgment. The trial court denied a motion to set aside the default judgment. (Id. at pp. 305-306.) The Supreme Court reversed. It explained: "It is a general rule that a stipulation of counsel cannot be enforced unless put in writing, or entered in the minutes of the court; but where an oral agreement for an extension of time to answer or demur is admitted, and has been relied on by the defendant, a judgment by default, taken against him in violation of the terms of the stipulation, will be set aside. If the party against whom a verbal stipulation is invoked denies that such a stipulation was made, the court will not hear the parties for the purpose of settling the dispute; but where the facts relied upon by the moving party are not controverted, there is no reason for the application of the rule, and it is too late to repudiate the stipulation after it has been executed." (Johnson v. Sweeney, supra, 95 Cal. at p. 306.)