Mimms

Statement of the Case and Proceedings

On January 22, 1986, a 28-count felony complaint was filed in the Municipal Court of the Consolidated Fresno Judicial District, charging Wayne Mimms, Sally Mimms, Mark Mimms and David Mimms with various violations of Corporations Code sections 25110, 25401, 25541 and Penal Code sections 487/506. On March 3, 1986, defendants filed a demurrer to .the complaint and petitioned for a bill of particulars, alleging that the action was barred by the applicable statute of limitations. Prior to the hearing on the demurrer, in an attempt to avoid the bar of the statute of limitations, a first amended complaint was filed on March 20, 1986, which repleaded the 28 counts and added a general allegation to the effect that none of the crimes charged was, nor reasonably could have been, discovered within 3 years of the filing of the complaint.

On April 24, 1986, defendants requested that the preliminary hearing be continued and that a hearing on the issue of the statute of limitations be held pursuant to People v. Zamora (1976) 18 Cal.3d 538 [ 134 Cal.Rptr. 784 , 557 P.2d 75 ]. After a four-day hearing the magistrate sustained defendants’ demurrer…