Grime

Petitioner and defendant David Grime seeks a writ of mandate to compel respondent superior court to dismiss an action brought by real party in interest and plaintiff Charles J. Spake. We granted an alternative writ on order of our Supreme Court.

Facts

The facts are undisputed. Plaintiff filed a personal injury action against defendant in the Los Angeles superior court. On November 17, 1972, the Los Angeles Superior Court granted defendant’s motion for a change of venue to- the Orange County Superior Court, the only proper court for trial. (Code Civ. Proc., § 396b.)

Plaintiff did not appear on the hearing of the motion. The court’s minute order provides: “Motion is granted. The action is transferred to the County of Orange Superior Court. Plaintiff to pay transfer fees. Defendant to serve Notice.”

*48 On November 20, defendant mailed plaintiff notice of the court’s ruling: “Please take notice that on November 17, 1972, the above-entitled Court granted the Motion of defendant ... for Change of Venue to Orange County Superior Court.” Plaintiff received this notice.

Plaintiff did not pay the transfer fees. One year later, on November 20, 1973, defendant noticed a…