Diller v. Flynn

AGEE, J.

Petitioner (Diller) is a director of Mountain View Savings and Loan Association. He obtained judgment

[451]

for writ of mandate compelling the association and its officers to allow him to inspect and copy from the records of the association.

Biller’s petition is based upon section 7615.5 of the Financial Code, which provides in relevant part as follows:

“Every director shall have the right at any reasonable time to inspect all books, records, documents of every kind, and the physical properties of the association, domestic or foreign, of which he is a director. Such inspection by a director may be made in person or by agent or attorney, and the right of inspection includes the right to make extracts. ”

The association and its officers

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have appealed from the whole of the judgment, which allows Biller, “so long as he is a director of said Association, at all reasonable times, upon three days’ notice, either personally or by an agent designated in writing, to inspect and copy from all books, records and documents of every kind of said Association, in the presence of one person designated by the Board of Birectors of Said Association; the times for such inspection to be mutually agreed upon by said person and petitioner; said right to inspect shall include the right of petitioner to

make extracts by photocopy,

at petitioner’s expense, of all such documents, books and records, provided that such right to make extracts by photocopy shall not apply to the following documents: (1) audit reports or papers prepared by Federal or State agencies, (2) minutes of directors and shareholders meetings, (3) names, addresses and account balances of depositors, and (4) names, addresses and current balances of borrowers. ” (Italics ours.)

Biller cross-appeals from that portion of the judgment which contains exclusions (1), (2), (3) and (4).

The association concedes Biller’s right to inspect all of its records and to make extracts therefrom. However, it denies that Biller is entitled to use photocopying as the