Generes

Generes v. Justice Court

Good Law
106 Cal. App. 3d 678·165 Cal. Rptr. 222·1980 Cal. App. LEXIS 1908
Court of Appeal of CaliforniaJune 6, 1980Civ. 19596California1,486 words

Opinion

Opinion

Puglia, 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 that provision. That section provides: “Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this State, which instrument, if genuine, might be filed, or registered, or recorded under any law of this State or of the United States, is guilty of a felony.” (Italics added.)

The felony complaint alleges that Generes willfully, unlawfully, and knowingly procured and offered to be filed, registered, and recorded in the county recorder’s office a false grant deed conveying from herself to herself a false easement for…

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