Legal Opinion
Osman v. Appellate Division
California Court of Appeal
Decided November 16, 2005No. B181672PublishedCited by 2 opinions
1Opinion of the Court
Opinion
MALLANO, J.
Penal Code section 1007 states that following an order sustaining a defendant’s demurrer to a criminal complaint for a defect that can be remedied by amendment, the court must permit amendment “within such time not exceeding 10 days as it may fix.” Penal Code section 1008 requires that the action be dismissed if an amended complaint is not filed within the time fixed. Here, an order sustaining the demurrer of petitioner, Randa Osman, allowed 33 days to amend. No objection was interposed, but 22 days later Osman filed a motion to dismiss the complaint. We conclude that by her…
2Cases cited11 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- People v. WilsonCalifornia Supreme Court · 1963
- Morris v. County of MarinCalifornia Supreme Court · 1977
- People v. SimonCalifornia Supreme Court · 2001
- Edwards v. SteeleCalifornia Supreme Court · 1979
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3Cited by2 opinions
- Osman v. APPELLATE DIV. OF SUPERIOR COURT OF LOS ANGELES COUNTYCalifornia Court of Appeal · 2005
- Salari v. Super. Ct.California Court of Appeal · 2020