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PEOPLE v. FINE

Docket Nos. B105297, B105344.

52 Cal.App.4th 1258 (1997)

THE PEOPLE, Plaintiff and Appellant, v. JEFFREY ALAN FINE et al., Defendants and Respondents. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JEFFREY ALAN FINE et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

February 21, 1997.

Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Diana L. Summerhayes and Brent Riggs, Deputy District Attorneys, for Petitioner and for Plaintiff and Appellant.

No appearance for Respondent.

Gerald L. Chaleff, Gigi Gordon and Michael White for Defendants and Respondents and for Real Parties in Interest.

OPINION

CROSKEY, J.

Penal Code section 803, subdivision (c), provides for a "discovery" rule which tolls the otherwise applicable statute of limitations with respect to those offenses, "a material element of which is fraud or breach of a fiduciary obligation ...," and which specifically includes a "violation of section 25540, of any type, or section 25541 of the Corporations Code." (Italics added.) Because the trial court refused...

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