Q-SOFT, INC., Petitioner,
v.
The SUPERIOR COURT of Orange County, Respondent;
Reza Mahallaty et al., Real Parties in Interest.
Court of Appeal of California, Fourth District, Division Three.https://leagle.com/images/logo.png
November 29, 2007.
November 29, 2007.
Attorney(s) appearing for the Case
Jones & Mayer, Fullerton, Harold W. Potter, and Michael R. Capizzi, Santa Ana, for Petitioner.
No appearance for Respondent.
No appearance for Real Party in Interest Azita Mahdavi-Cummings.
Law Offices of David N. Thatcher & Associates and David N. Thatcher, Fullerton, for Real Party in Interest Reza Mahallaty.
John R. Cummings, in pro. per.; and Roger S. Shafer, Huntington Park, for Real Party in Interest John R. Cummings.
Tony Rackauckas, District Attorney, and William Overtoom, Senior Deputy District Attorney, for Real Party in Interest People of the State of California.
Court of Appeal of California, Fourth District, Division Three.
OPINION
SILLS, P.J.
The "Freeze and Seize Law" (Pen.Code § 186.11)1 is designed to provide restitution to white collar crime victims from assets under the convicted criminal's control. Here, a corporate victim claims that the trial court misapplied the "innocent spouse" exception in the Freeze and Seize Law by permitting the embezzler's former husband to retain his one-half community interest in the family residence, and...
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