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Criminal,
California Supreme Court

Jun. 5, 2024

CA Supreme Court upholds trial court’s dismissal of strict liability municipal code violations against landlord

The Wheeler case provides a further avenue to obtain a dismissal of criminal charges for an innocent landlord even faster pursuant to Penal Code Section 1385.

Dmitry Gorin

Partner, Eisner Gorin LLP

Alan Eisner

Partner, Eisner Gorin LLP

Robert Hill

Associate, Eisner Gorin LLP

Shutterstock

In Emily Wheeler v. Superior Court (Supreme Court No. S272850), the California Supreme Court reversed the appellate division of the Superior Court, which in turn had reversed a Los Angeles County trial court’s dismissal of municipal code violations against a landlord under Penal Code § 1385. Section 1385 empowers trial courts to dismiss criminal charges “in furtherance of justice.” The Supreme Court held that the trial court was permitted t...

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