People v. SUPERIOR COURT OF LOS ANGELES COUNTY (SHAMIS)

Respondent superior court granted a motion to dismiss counts of an information alleging murder and insurance fraud stemming from a staged freeway collision between an automobile and a big-rig truck on June 17,1992. The People petitioned this court to issue a writ of mandate ordering reinstatement of the charges and requested that the trial of real party in interest, Elena Shamis, be stayed pending this court’s determination of the merits of the petition. We stayed the trial proceedings and issued an alternative writ of mandate. Shamis filed an opposition to the petition and we held a “show cause” hearing on the matter on September 18, 1997. We find the People’s contention the trial court erred in dismissing the murder and insurance fraud counts has merit and determine a peremptory writ of mandate commanding reinstatement of the charges should issue.

Factual and Procedural Background

1. Facts.

Sometime in 1989 or 1990, Filemon Santiago was introduced to Elena Shamis. Shamis was the office administrator for an attorney, Gary Paul Miller, and Santiago had gone to the office to discuss the “accident business.” When Santiago spoke with Shamis about referring accident cases…