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Legal Opinion

Generes v. Justice Court

California Court of Appeal

Decided June 6, 1980No. Civ. 19596PublishedCited by 22 opinions

1Opinion of the Court

Opinion

PUGLIA, P. J.

The People appeal from a judgment of the superior court issuing a writ of prohibition. The writ restrains the Redding Justice Court from further proceedings on a felony complaint. The complaint undertakes to charge respondent Generes with a public offense. Generes is the plaintiff in the superior court prohibition proceedings and the People are the real party in interest.

On this appeal we must determine whether the allegations of the felony complaint are sufficient to charge a violation of Penal Code section 115, a task which calls into question the proper construction of…

2Cases cited16 opinions

  1. People v. HorowitzCalifornia Court of Appeal · 1945
  2. People v. GilbertCalifornia Court of Appeal · 1938
  3. Hoag v. HowardCalifornia Supreme Court · 1880
  4. People v. GeibelCalifornia Court of Appeal · 1949
  5. People v. OlfCalifornia Court of Appeal · 1961

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. MurphyCalifornia Supreme Court · 2011
  2. Wutzke v. Bill Reid Painting Service, Inc.California Court of Appeal · 1984
  3. People v. DavisCalifornia Court of Appeal · 1985
  4. People v. GangemiCalifornia Court of Appeal · 1993
  5. Plaza Freeway Ltd. Partnership v. First Mountain BankCalifornia Court of Appeal · 2000

17 more not listed; retrieve them via the Exa API.

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