Kneeter

Pacific Apartments, a limited partnership and the real party in interest, appeals from a judgment directing the issuance of a peremptory writ of mandate ordering respondent clerk of respondent court (Municipal Court of the Los Angeles Judicial District) to transfer and transmit all pleadings and papers in the action in respondent court, designated as West Los Angeles No. 674 924, to the Superior Court in and for the County of Los Angeles. The appeal lies. (See Code Civ. Proc., §§ 1110, 904.1, subd. (a).)

Pacific contends that respondent court should have been permitted to dismiss the cross-complaint in the action of petitioner (plaintiff), Herbert L. Kneeter, pursuant to section 581b 2 and Pacific’s motion based thereon be *635 cause of petitioner’s failure to pay the requisite transfer and filing fees within one year following entry of the transfer order of respondent court, as required by the statute and the order. 3 If the statute applies, such dismissal would appear to be mandatory. (See Davis v. Superior Court, 184 Cal. 691, 693 [ 195 P. 390 ]; Western Greyhound v. Superior Court, 165 Cal.App.2d 216, 218 [ 331 P.2d 793 ].) The superior court, however, took the…