Barnes

Paula Molino appeals from an order of the superior court which compels her to comply with a subpoena duces tecum issued by the Commissioner of Corporations. The order was issued in connection with an investigation by the commissioner into the affairs of John Sheridan, “John” Mongello, Gold for Tax Dollars, and IME Corporation. The declaration of Charles Tady made a part of the subpoena duces tecum originally called for appellant to produce, for the period January 1, 1978, to September 21, 1978, “Deposit slips, invoices, contracts, Mailing Lists, correspondence and Accounts Receivable Journal relating to any transactions by and between Paula Molino, Doing Business As Telecom, and...” the above named individuals or organizations. The stated purpose was to assist the commissioner in determining whether security interests in gold mines or mining interests were sold in violation of the Corporations Code.

Statutory Framework

It is helpful to a consideration of the issues to mention first the statutory framework for investigations by heads of executive departments, and to touch briefly on some of the California cases which discuss the scope of such investigations. Government…