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
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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