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Legal Opinion

People v. Surety Insurance Co.

California Court of Appeal

Decided December 19, 1977No. Civ. 50691PublishedCited by 8 opinions

1Opinion of the Court

Opinion

COMPTON, J.

Surety Insurance Company and Wilshire Insurance Company (Sureties) posted an aggregate $10,000 appeal bond on behalf of Oscar Onsurez (defendant) who had been convicted of a felony in the Superior Court of Los Angeles County. Subsequently the bond was ordered forfeited. Sureties made a timely motion to vacate the forfeiture and exonerate the bond. The motion was denied. Sureties appeal from the order denying their motion to vacate the forfeiture.

The controlling statute is Penal Code section 1305, which reads in pertinent part: “If without sufficient excuse, the defendant…

2Cases cited3 opinions

  1. Endler v. SchutzbankCalifornia Supreme Court · 1968
  2. In Re HarrisCalifornia Supreme Court · 1968
  3. People v. MedinaCalifornia Court of Appeal · 1971

3Cited by8 opinions

  1. People v. Surety Ins. Co. of Cal.California Court of Appeal · 1978
  2. People v. Sacramento Bail BondsCalifornia Court of Appeal · 1989
  3. Minor v. Municipal CourtCalifornia Court of Appeal · 1990
  4. People v. Accredited Surety and Casualty etc.California Court of Appeal · 2013
  5. County of Los Angeles v. American Bankers Insurance Co.California Court of Appeal · 1988

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