Healy

On or about March 13, 1963, respondent Healy, prior to filing the same with the court, served appellants with a petition for a writ of mandate seeking to enforce his right, as a director of appellant corporation, to inspect the books of the corporation. The petition for the writ was not filed with the Superior Court of Los Angeles County until March 28, 1963. Prior to the filing of respondent’s petition and on March 22, 1963, appellants Lillian W. Boyd and Omar E. Boyd, Jr. filed a separate action in the Superior Court seeking the removal of petitioner from the board of directors.

On April 4, 1963, an alternate writ of mandate was issued by the court, ordering appellants to produce the books and records of the corporation for respondent’s inspection or to show cause on April 12,1963, why they had not done so.

On April 11, 1963, appellants filed a demurrer to respondent’s petition and a motion to abate the action on the petition until there was a final determination re their removal action. The hearing on these motions was noticed for April 17,1963.

On April 12, 1963, a hearing was held on respondent’s petition. The trial court, over appellants’ plea for abatement asserted in…