Robinson

Appellants are charged in separate complaints with felony violations of section 11483 of the Welfare and Institutions Code (welfare fraud). Before commencement of the preliminary hearing, each appellant filed a “McGee motion” (People v. McGee (1977) 19 Cal.3d 948 [ 140 Cal.Rptr. 657 , 568 P.2d 382 ]) to dismiss the complaint on grounds that the prosecution failed to comply adequately with the statutory mandate to attempt restitution prior to institution of criminal proceedings. Upon conclusion of each of the evidentiary hearings, the magistrate denied the requested relief. Thereafter, appellants individually filed an original petition in the superior court seeking to mandate dismissal of the complaint and to prohibit further criminal proceedings. Following a hearing, each petition was denied; thereafter, the separate actions were consolidated for purposes of the within appeal.

I.

Appealability

Respondent initially argues that no appeal lies to review the superior court’s denial of the petition for mandamus or prohibition since appellants’ remedy was limited to a pretrial motion in the trial court reviewable either upon direct appeal from the resultant conviction or,…