Madrid

The appeal herein is a consolidated appeal by the People from the granting of a writ of prohibition restraining the Dinuba , Justice Court from proceeding with the prosecution of plaintiffs and respondents for violations of Welfare and Institutions Code section 11483.

The facts in each of the consolidated cases are identical and are not disputed. Each defendant was charged by an amended information with violating section 11483 of the Welfare and. Institutions Code, said section providing:

“Whenever any person has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid for a child not in fact entitled thereto, the person obtaining such aid shall be punished as follows:

Upon motion by the People and under the provisions of Penal Code section 17, each alleged violation was declared to be a misdemeanor. Each of the defendants entered pleas of not guilty and thereafter sought alternative writs of prohibition. They alleged that the bringing of the criminal actions was barred by the provisions of the Welfare and Institutions Code, inasmuch as prior to the filing of criminal complaints, demand for restitution had been made…