Johnson v. Superior Court

The petitioner seeks to set aside an order of the respondent court granting a new trial in an action in which she was the defendant. It is conceded that the original action referred to is one in which the plaintiffs were entitled to a jury trial unless this right has been " waived by them. After that case was at issue and on November 28, 1930, the plaintiffs therein served and filed a memorandum of motion to set said action for trial, setting forth that the action was one for damages, that the time necessary for trial was one day, that no negotiations were pending for settlement, that a jury trial was demanded, and giving the names and addresses of the various attorneys. On the memorandum was a notice that a motion would be made on December 1,1930, to set the case for trial. It appears that no motion was made on December 1, 1930, to set the case for trial and the cause was not set on that day; that no further notice of a motion to set the case for trial was ever given to this petitioner; that on June 1, 1931, in the absence of all parties and their counsel, and without their knowledge that it was to be set on that day, the court set the case for trial on July 14, 1931; that…