12 Cited authorities

Auto Equity Sales, Inc. v. Superior Court
57 Cal.2d 450 (Cal. 1962) Cited 5,915 times 8 Legal Analyses
Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"
Stark v. Superior Court
52 Cal.4th 368 (Cal. 2011) Cited 81 times
Holding that a violation of section 424 occurs whenever an officer uses public funds in a manner forbidden by the law even though he may have no fraudulent intent when he does so
Manufacturers Life Ins. Co. v. Superior Court
10 Cal.4th 257 (Cal. 1995) Cited 122 times 2 Legal Analyses
Noting that the Insurance Code does not create a private right of action and that a plaintiff may not "plead around" that limitation by casting a cause of action based on a violation of another statute
Stanson v. Mott
17 Cal.3d 206 (Cal. 1976) Cited 140 times 2 Legal Analyses
Holding that although state agency could disseminate “information” to the public in an election campaign, it could not use money to spread “promotional” materials
People v. Aldana
206 Cal.App.4th 1247 (Cal. Ct. App. 2012) Cited 9 times
In Aldana, supra, 206 Cal.App.4th 1247, the court reversed a physician's conviction under section 424 for insufficient evidence.
People v. Groat
19 Cal.App.4th 1228 (Cal. Ct. App. 1993) Cited 28 times
Acknowledging purpose is to ensure custodians of public money hold and keep the funds inviolate, and use or disburse them only in strict compliance with the law and noting that "[b]ecause of the essential public interest served by the statute it has been construed very broadly"
People v. Dillon
199 Cal. 1 (Cal. 1926) Cited 57 times
In Dillon, decided in 1926, we rejected a city commissioner of finance's argument that, instead of being prosecuted under section 424, a general intent statute, he should have been prosecuted under section 504, which requires specific intent to defraud.
People v. Crosby
141 Cal.App.2d 172 (Cal. Ct. App. 1956) Cited 11 times
In Crosby, the public administrator of San Mateo County was convicted of violating section 424(a)(1) based on various withdrawals he made from bank accounts in which he kept money belonging to estates he was administering.
People v. Schoeller
96 Cal.App.2d 55 (Cal. Ct. App. 1950) Cited 6 times
Docket No. 4344. February 10, 1950. APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Walter S. Gates, Judge. Affirmed; purported appeal from sentence dismissed. Prosecution for embezzlement and for falsification of accounts by a public officer. Judgment of conviction affirmed. Ray L. Smith and Wm. C. Schaper for Appellant. Fred N. Howser, Attorney General, Frank Richards, Deputy Attorney General, William E. Simpson, District Attorney, Jere
Rule 8.1115 - Citation of opinions
Cal. R. 8.1115 Cited 73,839 times
(a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary
Rule 8.500 - Petition for review
Cal. R. 8.500 Cited 337 times
(a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer
Rule 8.504 - Form and contents of petition, answer, and reply
Cal. R. 8.504 Cited 21 times
(a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)

PEOPLE v. HUBBARD

12 Cited authorities

Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"

Holding that a violation of section 424 occurs whenever an officer uses public funds in a manner forbidden by the law even though he may have no fraudulent intent when he does so

Noting that the Insurance Code does not create a private right of action and that a plaintiff may not "plead around" that limitation by casting a cause of action based on a violation of another statute

Holding that although state agency could disseminate “information” to the public in an election campaign, it could not use money to spread “promotional” materials

In Aldana, supra, 206 Cal.App.4th 1247, the court reversed a physician's conviction under section 424 for insufficient evidence.

Acknowledging purpose is to ensure custodians of public money hold and keep the funds inviolate, and use or disburse them only in strict compliance with the law and noting that "[b]ecause of the essential public interest served by the statute it has been construed very broadly"

In Dillon, decided in 1926, we rejected a city commissioner of finance's argument that, instead of being prosecuted under section 424, a general intent statute, he should have been prosecuted under section 504, which requires specific intent to defraud.

In Crosby, the public administrator of San Mateo County was convicted of violating section 424(a)(1) based on various withdrawals he made from bank accounts in which he kept money belonging to estates he was administering.