Bostick

Appeal from a judgment of the Superior Court in and for the County of Orange after sustaining demurrers without leave to amend in a proceeding seeking a writ of mandate.

The petitioners are members of an unincorporated association formed for the purpose of subsequent formation and incorporation of a savings and loan association. To effectuate this intent, on October 2, 1963, the petitioners caused to be filed with the Savings and Loan Commissioner (hereinafter “Commissioner”) an application for his approval of their proposed articles of incorporation pursuant to the provisions of sections 5505-5508, Financial Code. The proposed assoeia-' tion, Eagle Savings and Loan Association (hereinafter referred to as “Eagle”) was to engage in the savings and loan business in Brea, California.

The Commissioner on November 1, 1963, gave notice to all licensed savings and loan associations existing in the state of the hearing on Eagle’s application to be held on December 17, 1963.

On November 12, 1963, an existing savings and loan association, Anaheim Savings and Loan Association (hereinafter “Anaheim”) filed an application with the Commissioner for a license to operate a branch office in the…