3) Flores v. Superior Court: OC Appellate case # 30-2015-00771864
Jul 30, 2015OUTCOME: Charge dismissed after the People failed to file a verified complaint
Trial court sustained Defendant’s demurrer based on officer’s failure to date his signature on his declaration as required by C.C.P 2015.5. Officer filed a Notice of Correction. Trial court found that ... notice of correction was sufficient to qualify the citation as a verified complaint. Defendant filed a Petition for Writ of Mandate. The Appellate Division ruled that the lack of a dated signature on the officer’s declaration rendered the citation to not constitute a verified complaint, and that the notice of correction did not cure the defect.
