Petsas

People v. Petsas

Good Law
1989 Cal. App. LEXIS 965·214 Cal. App. 3d 70·262 Cal. Rptr. 467
Court of Appeal of CaliforniaSeptember 20, 1989A042890California3,169 words

Opinion

Opinion

Peterson, J.

The People appeal from an order dismissing an information pursuant to Penal Code section 995, arguing that the trial court erred when it held that respondent, Kosta J. Petsas, had been held to answer without reasonable or probable cause. We agree and reverse the trial court’s order of dismissal.

I. Procedural Background

On April 15, 1986, a complaint not before us was filed in the San Mateo Municipal Court charging respondent with criminal violations unspecified by the record. That complaint apparently alleged respondent had violated certain provisions of the Insurance Code. The complaint was discharged after preliminary hearing upon the magistrate’s determination that there was insufficient evidence to hold respondent to answer.

On October 16, 1986, the complaint (second complaint) was refiled, charging respondent with two counts of presenting a false or fraudulent claim for payment of a loss under a contract of insurance (Ins. Code, § 556, subd. (a)(1)), one count of filing multiple claims for the same loss with more than one insurer (Ins. Code, § 556, subd. (a)(2)), and two counts of presenting a writing in support of such a claim. (Former Ins. Code, § 556, subd.…

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