Banerjee

I. INTRODUCTION

Following a preliminary hearing, petitioner Sanjoy Banerjee, a physician, was

charged in an information with two counts of presenting a false or fraudulent health care

claim to an insurer, a form of insurance fraud (Pen. Code § 550, subd. (a)(6), counts 1-2),

and three counts of perjury (Pen. Code, § 118, counts 3-5). The superior court denied

Banerjee’s motion to dismiss the information as unsupported by reasonable or probable

cause. (Pen. Code, § 995, subd. (a)(2)(B).)

Banerjee petitions for a writ of prohibition, directing the superior court to vacate

its order denying his Penal Code section 995 motion and to issue an order setting aside

the information. (Pen. Code, § 999a.) We issued an order to show cause and an order

staying further proceedings on the information, pending our resolution of the merits of

Banerjee’s petition. The People have filed a return, and Banerjee has filed a traverse.

The People claim the evidence supports a strong suspicion that Banerjee

committed two counts of insurance fraud and three counts of perjury, based on his

violations of Labor Code section 139.3, subdivision (a) (§ 139.3(a)),1 between 2014 and

2016. Section…