Busick

This is an appeal from a judgment in a condemnation action, and from an order denying appellants’ motion to vacate the judgment on grounds stated in Code of Civil Procedure, section 473. We affirm both judgment and order.

The respondent brought this action to acquire appellants’ property for highway purposes. The land and buildings in question were used as a truck-stop restaurant. At a pretrial conference, Mr. Rinehart, as attorney for respondent, and Mr. Robinson, as appellants’ attorney, signed a stipulation on behalf of their respective clients containing this paragraph: “1. The date set for the trial of said cause may be advanced by the Court and the said cause may be tried at any time after the last above-mentioned date upon the giving of notice by the Court of the time designated for the commencement of the trial to each of said counsel, either personally or by telephone to Ms office, not less than twelve hours before the said designated time.” The third paragraph of the stipulation stated: “Notice of time of trial is hereby waived.” After this stipulation was signed and filed the court fixed March 21, 1966 as the date for trial and placed the case on the trailing calendar…