California Court of Appeals, First District, Fifth Division
JOHN HERBERT INNES, as Trustee, etc., et al., Plaintiffs and Appellants,
DIABLO CONTROLS, INC., Defendant and Respondent.
Court of Alameda County, No. HG15761845, Hon. Ioana Petrou,
[Copyrighted Material Omitted]
& Elliott, James Roberts and Sharmi Shah for Plaintiffs
Peffer, Sallander & Lally, James S. Greenan and Edward
Romero for Defendant and Respondent.
Herbert Innes and Catherine Lynne Innes, as Trustees of the
Innes Family Trust UDT April 22, 1992, appeal the trial
court’s order denying their petition to compel
inspection of certain records of respondent Diablo Controls,
Inc. (Diablo Controls) pursuant to Corporations Code, section
1601. We agree with Jara v.
Suprema Meats, Inc. (2004) 121 Cal.App.4th 1238 [18
Cal.Rptr.3d 187] (Jara) that section 1601 requires
that the records be made available for inspection at the
office where such records are kept. Further, we reject
appellants’ contention that Jara does not
govern records like those in this case that are maintained
out-of-state. Accordingly, we affirm.
are shareholders of Diablo Controls, a California
corporation. In February 2015, appellants submitted a written
demand to inspect Diablo Controls’ accounting books and
records; the minutes of proceedings of shareholders, the
board, and committees of the board; and certain other
records. The demand requested the inspection
take place at Diablo Controls’ California office. The
requested records were located in a Diablo Controls office in
Illinois. Diablo Controls shipped records to California and
made them available for appellants’ inspection at its
counsel’s California office.
found the records available for inspection to be incomplete
and filed the instant petition for a writ of mandate in March
2015. Appellants argued Diablo Controls’ failure to
make all requested records available for inspection violated
section 1601. After the petition was filed, Diablo Controls
mailed appellants copies of additional records and made other
records available ...