Wilson

On September 20, 1949, appellant filed his complaint in inverse condemnation against respondent city of Los Angeles which interposed a general and special demurrer and on February 1, 1950, the demurrer was sustained by stipulation with leave to amend in 20 days. No amended complaint was filed and slightly more than seven years later, on March 15, 1957, the respondent city of Los Angeles moved to dismiss the action on two grounds: (1) that the action had not been brought to trial within five years after the filing of the complaint (Code Civ. Proc., § 583) and, (2) that the appellant failed to amend his complaint within the time allowed by the court (Code Civ. Proc., § 581, subd. 3 ). Appellant opposed a dismissal under section 583 but submitted to a ruling of the court on the motion to dismiss under section 581, subdivision 3. On March 27, 1957, the motion to dismiss was granted and an order dismissing the action under section 581, subdivision 3, was entered upon the minutes of the court which constitutes a judgment (Code Civ. Proc., § 581d) and from which judgment this appeal is taken.

We have concluded that the demurrer having been sustained by stipulation, the judgment of…