MANNING v. MUNICIPAL COURT

Docket Nos. 4039, 4040.

87 Cal.App.3d 932 (1978)

151 Cal. Rptr. 453

RICHARD MANNING, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE FRESNO JUDICIAL DISTRICT OF FRESNO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent. JOHN MARTINEZ, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE FRESNO JUDICIAL DISTRICT OF FRESNO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

December 27, 1978.


Attorney(s) appearing for the Case

COUNSEL

Melvin W. Nitz, Public Defender, Robert W. Rainwater and Carolyn Morse, Deputy Public Defenders, for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and Paul H. Dobson, Deputy Attorneys General, for Real Party in Interest and Respondent.


OPINION

BROWN (G.A.), P.J.

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...

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