What is the test for appeal from an order setting aside all or any portion of an indictment, information, or complaint?

Section 1238, subdivision (a)(1) allows the People to appeal from an order setting aside "all or any portion of the indictment, information, or complaint." Subdivision (a)(8) allows the People to appeal from "[a]n order or judgment dismissing or otherwise terminating all or any portion of the action." Read together (see Olmstead v. Arthur J. Gallagher & Co. (2004) 32

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Cal.4th 804, 811, 11 Cal.Rptr.3d 298, 86 P.3d 354), these provisions allow the People to appeal from (1) an order or judgment that (2) sets aside, dismisses, or otherwise terminates (3) all or any portion of the indictment, information, complaint, or action. The majority does not dispute that elements (1) and (3) are satisfied here; that is, the majority concedes that the magistrate's decision is an order relating to at least a portion of the complaint or action. Rather, the majority's thesis is that the magistrate's order is not a setting aside, dismissal, or otherwise a termination of any portion of the felony complaint or action because it "did not preclude the People from prosecuting the wobbler offenses charged against defendant." (Maj. opn., ante, 28 Cal.Rptr.3d at p. 38, 110 P.3d at p. 1247.)

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