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People v. Bell

197 Cal. App. 4th 822 (2011)

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People v. Bell

California Court of Appeal

197 Cal. App. 4th 822 (2011)

Facts

Monique Bell (defendant) falsely claimed to be an individual named Leah Taylor to rent an apartment, using Taylor’s social security number and other personal information in her rental application. The lessor relied on this false information and rented the apartment to Bell, in Taylor’s name, for a one-year lease. Bell immediately fell behind in her rental payments, turning in late payments, partial payments, and a bad check. The lessor eventually filed and won an unlawful-detainer action. Pursuant to that judgment, the lessor garnished $3,000 from the real Leah Taylor’s bank account. Bell’s identity-theft activities were uncovered when Taylor sought to have the money returned to her account. Bell was convicted of identity theft, false personation, making a false financial statement, and grand theft. Bell appealed the grand-theft conviction, alleging that the evidence failed to show that she intended to permanently deprive the lessor of its property.

Rule of Law

Issue

Holding and Reasoning (Mallano, J.)

Concurrence/Dissent (Rothschild, J.)

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