California Court of Appeal

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D'Amato v. Superior Court of Orange County, G037836

Petition for writ of prohibition barring district attorney from prosecuting criminal action against petitioner is granted where: 1) a substantial portion of the indictment's allegations challenged acts petitioner undertook in support of legislative activity; 2) because the legislature did not intend to criminalize legislative acts taken by public officials who hold no personal financial interest in a contract made in violation of section 1090, petitioner's legislative activity may not serve as a basis for the indictment; and 3) the remainder of the indictment's allegations lacked the requisite supporting evidence.

Appellate Information

  • Decided 10/21/2008
  • Published 10/21/2008



  • California Court of Appeal


  • For Appellant:
  • Ronald G. Brower and Mark W. Fredrick, Orange, for Petitioner., Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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