Zryd v. Chapman

California Court of Appeal May 4, 1950 No. Civ. No. 4038Published

Before: Shepard

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Holding. The court held that it would not interfere in the internal affairs of an unincorporated association where the challenged election of officers was conducted in accordance with the organization's constitution and bylaws, rendering the plaintiffs' claims moot.

Issues

Whether the trial court erred in denying injunctive relief to reinstate plaintiffs as officers of an unincorporated association.
Whether the election of defendants as officers was conducted in accordance with the association's constitution and bylaws.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The findings do, in substance, find that a meeting was held on the 27th of February, 1948, for the nomination of officers and that an election was held on the 13th of March, 1948, in accordance with the constitution and bylaws”

“In this state of the record we cannot perceive the propriety of a court of equity interfering in the association’s affairs.”

SHEPARD, J. pro tem. This is an appeal from a judgment denying plaintiffs’ plea for injunctive relief to reinstate plaintiffs as officers of Frazier Mountain Park Improvement [358]Association, an unincorporated association, and to recover money allegedly belonging to said association and to prevent use of said association’s name.

Plaintiffs contend that the evidence does not support the findings and that the findings do not support the judgment.

Frazier Mountain Park Improvement Association was organized as an unincorporated association about January, 1947. A constitution and bylaws were adopted and officers were elected.

The pertinent provisions of the organization constitution relating to the matters here under consideration are as follows :

“Article V.

‘‘ The elective officers of this Association shall be President, Vice-President, Secretary, Treasurer and Corresponding Secretary.

‘ ‘ 1-a: The nominations shall be held at the regular meeting in February . . .

‘ ‘ 2-a: The officers shall be elected by secret ballot at the first regular meeting in March, and shall hold office for a period of one year unless removed for cause or until their successors are elected and installed. All members shall be notified at least one week prior to all meetings at which elections are to be held . . .

“6. Should any officer absent himself for three consecutive meetings without a reasonable and lawful excuse, his office shall be declared vacant and it shall be the duty of the President to order an election to fill such vacancy. . . .

“Article VI.

“5 ... A: The Executive Committee shall have all the power of the Association between the meetings of same, except that being a subordinate body they shall not modify any action taken by the Association as a whole. . . .

“By Laws

“Article I

“1. This Association shall convene for the purpose of transacting business at least once a month on the last Friday of each month. . . .

Zryd v. Chapman

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