People v. West Coast Shows, Inc.

In 1967 the Attorney General as head of the State Department of Justice (Gov. Code, § 15000) and as permitted by Govern ment Code sections 11180 and 15006, commenced an investigation of “Anti-competitive and/or fraudulent activities in the carnival industry in the State of California.” (Hereafter all statutory citations will, unless specially noted, be to Government Code.)

Among the subjects of the investigation were appellants B-Jan Amusement Corporation and West Coast Shows, Incorporated. Pursuant to section 11181 the Attorney General caused to be served upon each of them a subpoena duces tecum directing production of certain designated documents, books, records, and papers. The service was effected by hand delivery to Robert H. Cohn who was president of both corporations. The corporations failed to appear at the designated time and place. This resulted in ex parte applications to the superior court under sections 11186, 11187, and 11188, by which the corporations were ordered to show cause why they should not be required to conform to the demands of the subpoenas duces tecum. Service of the orders to show cause was made on Mr. Cohn as president of the corporations,…