Shaffer

We are here confronted with another phase of the protracted litigation that has been waged on *169 several fronts by the members and trustees of The Colburn Biological Institute, a nonprofit corporation, for control of the organization and its properties. Upon a prior appeal wherein the opposing factions likewise were at loggerheads, we affirmed a judgment of the Superior Court of Los Angeles County determining that Dr. Nora H. Bates, Dr. Alice M. Farwell, C. Cecelia Oberdorfer and Dr. Fannie Shaffer constituted the board of trustees of the institute. (Colburn Biological Institute v. DeBolt, 6 Cal. (2d) 631 [ 59 Pac. (2d) 108 ].) On the authority of that decision and in reliance on article XIII of the by-laws of the institute, to the effect that “Any document or resolution of the trustees or of any committee, if signed by three-fourths of the trustees or by all of the members of any committee, will be as binding upon the institute as though passed at a regular meeting of the committee or a special, stated or annual meeting or adjourned meeting of the trustees,” the three trustees first above named have moved this court to substitute Henry T. Poyet as attorney of record herein for…