Cooper

The People appeal from an order of the Superior Court setting aside pursuant to Penal Code section 995 the amended information charging defendant with forgery. (Pen. Code, § 470.)

Facts—Preliminary Hearing

Brian Harvey was president of Alflex Corporation in Gardena, a manufacturer of electrical wire, cable, conduit and aluminum coil sheet. In late October or early November 1974, Harvey entered into an oral agreement with defendant, the terms of which were as follows: defendant was to be marketing manager of a New Jersey corporation which Harvey had recently acquired; defendant would be paid a salary of $2,000 a month and would get a bonus if the new venture was successful; Harvey would pay the difference between the appraised value of defendant’s home and the selling price plus closing costs; Harvey would also pay for the moving expenses of defendant and his family.

Elmer Steinkuhler, marketing manager for Alflex Corporation, spoke to defendant about his impending move in December 1974. When defendant mentioned that Harvey was paying all of his moving expenses, Steinkuhler inquired if he had a written contract to that effect. Defendant answered, “I don’t have a…