What is the test for a charge of larceny under section 459.5 of the California Criminal Code?

Finally, it is necessary to discuss the distinction between larceny and theft by false pretenses. Section 459.5 contemplates entry into a commercial establishment with the intent to commit larceny. As the courts have discussed, the crime of false pretenses is a form of theft. That crime involves a (1) false pretense or representation, (2) done with the intent to defraud and (3) the owner transferred the property to the defendant in reliance on the representation. (People v. Williams (2013) 57 Cal.4th 776, 787.) On the other hand, larceny is a trespassory taking and carrying away of property of another with the intent to steal. Asportation is not required for theft by false pretenses. (Id. at p. 788.)