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OSMAN v. APPELLATE DIV. OF SUPERIOR COURT OF LOS ANGELES COUNTY

No. B181672.

35 Cal.Rptr.3d 708 (2005)

133 Cal.App.4th 32

Randa OSMAN, Petitioner, v. APPELLATE DIVISION OF the SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Second District.

November 16, 2005.

Attorney(s) appearing for the Case

Law Offices of Mark J. Werksman, Mark J. Werksman, Michelle Michaels, Steve Meister and Kelly C. Quinn, Los Angeles, for Petitioner.

No appearance for Respondent.

Rockard J. Delgadillo, City Attorney, Debbie Lew, Assistant City Attorney, and Candice I. Horikawa, Deputy City Attorney, for Real Party in Interest.

MALLANO, J.

Penal Code section 1007 states that following an order sustaining a defendant's demurrer to a criminal complaint for a defect that can be remedied by amendment, the court must permit amendment "within such time not exceeding 10 days as it may fix." Penal Code section 1008 requires that the action be dismissed if an amended complaint is not filed within the time fixed. Here, an order sustaining the demurrer of petitioner, Randa Osman, allowed 33 days to...

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