(a)Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or
obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
(b)(1)Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(2)Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the
property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(c)Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.
(d)The presumptions created by
subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.
(e)Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.
Notes of Decisions
United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona, 291 F.3d 1201 (9th Cir. 2002).
· cites it 8× “5 Assuming that Corona-Sanchez was, in fact, convicted of “Petty Theft with Prior Jail Term for a Specific Offense,” as stated in the presentence report, that conviction would necessarily have been founded on California Penal Code § 484(a), which is the general California theft…”
Ewing v. California, 538 U.S. 11 (2003).
· cites it 4× “See Cal. Penal Code Ann. § 484 (West Supp. 2002); § 489 (West 1999).”
Carrillo-Jaime v. Holder, 572 F.3d 747 (9th Cir. 2009).
· cites it 12× “y steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other…”
Elizabeth Lona v. William Barr, 958 F.3d 1225 (9th Cir. 2020).
· cites it 3× “BARR 7 In 2009, Lona was convicted of petty theft and petty theft with priors in violation of California Penal Code sections 484 and 666.”
United States v. Edwin Flores, 901 F.3d 1150 (9th Cir. 2018).
· cites it 4× “eal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person…”
Carella v. California, 491 U.S. 263 (1989).
· cites it 4× “§ 10855 (West 1987) [2] and Cal. Penal Code Ann. § 484(b) (West 1988).”
Joel Silva v. Merrick Garland, 993 F.3d 705 (9th Cir. 2021).
· cites it 3× “” Cal. Pen. Code § 484 (a). Section 484(a) encompasses both petty and grand theft; the elements of petty theft are the same as grand theft, apart from the amount or type of property taken.”
People v. Whitmer, 329 P.3d 154 (Cal. 2014).
· cites it 4× “(Pen. Code, §§ 484, 487, 487a, 488.) The elements of the crime remain the same with the exceptions noted.”
United States v. Rivera, 658 F.3d 1073 (9th Cir. 2011).
· cites it 6× “The district court determined that any one of Rivera’s *1075 three prior felony petty theft convictions under Cal.Penal Code §§ 484(a) and 666 would be sufficient to trigger the eight-level increase, because he had been sentenced to concurrent 16-month terms of imprisonment in…”
People v. Solis, 200 Cal. Rptr. 3d 463 (Cal. Ct. App. 2nd 2016).
· cites it 3× “2d 1165 [Pen.Code, § 484 consolidates several formerly distinct offenses into the single crime of theft, including larceny and theft by trick].”
Yau v. Santa Margarita Ford, 229 Cal. App. 4th 144 (Cal. Ct. App. 2014).
· cites it 3× “Code, § 17200), theft (Pen. Code, § 484), fraud and deceit (Civ.”
Bell v. Feibush, 212 Cal. App. 4th 1041 (Cal. Ct. App. 2013).
· cites it 3× “” Penal Code section 484 describes acts constituting theft.”
— Cal. Penal Code § 484(a) — 47 cases
United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona, 291 F.3d 1201 (9th Cir. 2002).
“5 Assuming that Corona-Sanchez was, in fact, convicted of “Petty Theft with Prior Jail Term for a Specific Offense,” as stated in the presentence report, that conviction would necessarily have been founded on California Penal Code § 484(a), which is the general California theft…”
Carrillo-Jaime v. Holder, 572 F.3d 747 (9th Cir. 2009).
“y steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other…”
United States v. Edwin Flores, 901 F.3d 1150 (9th Cir. 2018).
“eal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person…”
United States v. Rivera, 658 F.3d 1073 (9th Cir. 2011).
“The district court determined that any one of Rivera’s *1075 three prior felony petty theft convictions under Cal.Penal Code §§ 484(a) and 666 would be sufficient to trigger the eight-level increase, because he had been sentenced to concurrent 16-month terms of imprisonment in…”
— Cal. Penal Code § 484(b) — 3 cases
Carella v. California, 491 U.S. 263 (1989).
“§ 10855 (West 1987) [2] and Cal. Penal Code Ann. § 484(b) (West 1988).”
United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona, 291 F.3d 1201 (9th Cir. 2002).
“5 Assuming that Corona-Sanchez was, in fact, convicted of “Petty Theft with Prior Jail Term for a Specific Offense,” as stated in the presentence report, that conviction would necessarily have been founded on California Penal Code § 484(a), which is the general California theft…”
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