Davis v. Superior Court

In Davis v. Superior Court (1921) 184 Cal. 691, the court ruled that former section 581, subdivision (b), which required payment of fees within one year after transfer of a case, was mandatory in nature. As a result, the trial court lacked jurisdiction to grant relief from its provisions under section 473. The only ground sufficient to warrant vacating the dismissal, the court explained, would be that payment of the fees had in fact been made on time or had been precluded by fraud or other misconduct on the part of the defendant. (Davis, supra, at pp. 693-695.)