Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received,
shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and that imprisonment if the amount diverted is in excess of two thousand three hundred fifty dollars ($2,350). If the amount diverted is less than or equal to two thousand three hundred fifty dollars ($2,350), the person shall be guilty of a misdemeanor.
Notes of Decisions
Cited in
23
cases (
4 in the last 5 years), 1969–2026 · leading case:
People v. Thompson, 36 Cal. App. 4th 843 (Cal. Ct. App. 1995).
People v. Thompson, 36 Cal. App. 4th 843 (Cal. Ct. App. 1995).
· cites it 2× “Defendant was convicted by jury of diversion of construction funds (Pen. Code, § 484b) and petty theft (Pen. Code, § 488).”
People v. Bell, 45 Cal. App. 4th 1030 (Cal. Ct. App. 1996).
· cites it 2× “” (Pen. Code, § 484b.) *1045 Howard applied the Trombley rationale to section 484b even though the section dealt with a failure not only to pay wages but also to pay for materials and equipment.”
People v. Dinh Van Nguyen, 18 Cal. App. 5th 260 (Cal. Ct. App. 2017).
“(a) ), diversion of construction funds ( Pen. Code, § 484b ), fraudulent use of a contractor's license number ( Bus.”
People v. Wooten, 44 Cal. App. 4th 1834 (Cal. Ct. App. 1996).
· cites it 2× “or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received," has committed a crime.”
People v. Tessman, 223 Cal. App. 4th 1293 (Cal. Ct. App. 2014).
“] After a review of the entire record and viewing the judge's discussion as a whole, we believe the trial court relied upon an erroneous reading of Penal Code section 484b. That conclusion precludes the application of the contrary assumption that the court found the defendant…”
People v. Worrell, 107 Cal. App. 3d 50 (Cal. Ct. App. 1980).
· cites it 2× “(Pen. Code, § 484b.) Defendant appeals his conviction and raises three issues: (1) admission of certain of his business checking account records was error for lack of foundation to meet the business records exception to the hearsay rule (Evid.”
People v. Stark, 26 Cal. App. 4th 1179 (Cal. Ct. App. 1994).
· cites it 2× “— A jury convicted defendant of willful diversion of construction funds (Pen. Code, § 484b) and found the taking exceeded $25,000 (Pen.”
People v. Johnson, 67 Cal. App. 4th 67 (Cal. Ct. App. 1998).
“2d 887 ] [Pen. Code, § 484b, diversion of construction funds].”
Witt Bldg. Material Co. v. Barker (In re Barker), 14 B.R. 852 (Bankr. E.D. Tenn. 1981).
“In addition, the California Penal Code makes criminal the receipt of “money for the purpose of obtaining or paying for services, labor, materials or equipment and [the willful failure] to apply such money for such purpose by either willfully failing to complete the improvements…”
People v. Howard, 451 P.2d 401 (Cal. 1969).
“Penal Code section 484b was enacted in 1965.”
People v. Heitz, 145 Cal. App. Supp. 3d 8 (Cal. App. Dep’t Super. Ct. 1983).
“Discussion The question of whether there is sufficient evidence to support defendant’s conviction calls upon us to decide if Penal Code section 484b applies to the kind of business transaction disclosed by the evidence at defendant’s trial.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.