Manning

In separate proceedings criminal complaints for fraudulently obtaining unemployment insurance benefits in violation of Unemployment Insurance Code section 2101 were filed against Richard Manning and John Martinez in the municipal court. The municipal court denied their motions to dismiss the actions, which were made on the ground that at no time were they notified of the possibility of making restitution for the overpayments of benefits in lieu of criminal prosecution. Their petitions for writs of prohibition in the superior court on the same ground were denied. These appeals followed from the denial.

Since both cases, though separately -filed and prosecuted, involve identical issues we have consolidated them for disposition in this court.

The parties stipulated to the following facts: “[The petitioners], upon receiving a letter requesting [their] presence, met with [agents of the] California Employment Development Department, regarding possible overpayments which [they] had received while collecting unemployment insurance benefits. At this meeting, [petitioners] made and signed a statement in regard to the circumstances of the payment. [They] also received a copy of a…