Generes v. Justice Court

Opinion

PUGLIA, P. J.

The People appeal from a judgment of the superior court issuing a writ of prohibition. The writ restrains the Redding Justice Court from further proceedings on a felony complaint. The complaint undertakes to charge respondent Generes with a public offense. Generes is the plaintiff in the superior court prohibition proceedings and the People are the real party in interest.

[681]

On this appeal we must determine whether the allegations of the felony complaint are sufficient to charge a violation of Penal Code section 115, a task which calls into question the proper construction of that provision. That section provides: “Every person who knowingly procures or offers any

false

or forged

instrument

to be filed, registered, or recorded in any public office within this State, which instrument, if genuine, might be filed, or registered, or recorded under any law of this State or of the United States, is guilty of a felony.” (Italics added.)

The felony complaint alleges that Generes willfully, unlawfully, and knowingly procured and offered to be filed, registered, and recorded in the county recorder’s office a false grant deed conveying from herself to herself a false easement for road and utility purposes in violation of Penal Code section 115. Generes’ demurrer to the complaint was overruled by the justice court.

Generes then petitioned the superior court for a writ of prohibition. In issuing the peremptory writ, the superior court stated: “It appears from the face of the complaint that Defendant filed a document which was exactly what it purported to be: to wit, a deed from herself to herself granting herself an easement over land she did not own. The court does not rule that this conduct is legal. It merely states now that it is not a violation of Penal Code Section 115.”

The interpretation of a statute presents a question of law. (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §§ 209-210, pp. 4200-4202.) In addressing that question, we may give deferential consideration to the trial court’s opinion and ruling but we are not bound thereby, Following our independent analysis of Penal Code section 115, we shall hold that under the proper construction of the statute, the felony complaint is not facially insufficient; if Generes had no legally cognizable interest in the subject land, her procuring or offering to be recorded of a grant deed purporting to convey from herself an easement in such land was a public offense; such a document would constitute a “false instrument” within the contemplation of Penal Code section 115.