Cavnar

Defendants, United California Bank (hereafter UCB), Samuel M. Cavnar, George Todt, and Robert Davies, each appeal from a judgment that (1) each of the named individuals be removed from any position each claims to hold with plaintiff, American Center for Education, Inc. (hereafter ACE), whether as director, member of executive committee, officer or employee, and (2) ACE have damages against each of the just-named defendants (except Davies) in the principal amount of $80,000 together with 7 percent annual simple interest thereon from May 15, 1970. ACE has cross-appealed from an order denying its motion for judgment notwithstanding the verdict against UCB alone in the principal sum of $137,793.22. The appeals and the cross-appeal lie. (Code Civ. Proc., § 904.1, subds. (a), (d).)

Facts

ACE is a nonmembership, nonprofit, conservative and patriotic tax-exempt corporation which was organized under the laws of the District of Columbia on January 17, 1969, but which has always had its principal place of business in Los Angeles. Plaintiff, Hurst B. Amyx, was the founding president of ACE. From January 21, 1969, until May 15, 1970, Amyx was president, Cavnar vice president and…