People v. Silva

Opinion

LAURITZEN, J., *

Introduction

This appeal raises issues as to whether a bail agent of a corporate surety is entitled to bail exoneration pursuant to Penal Code section 1306 or whether he is barred from pursuing reimbursement because of a lack of standing, collection on the underlying obligation to the surety, the bar of res judicata, or the defense of laches. A careful examination of the record reveals that the bail agent is barred from recovery by the doctrine of res judicata. In addition, the People have cross-appealed from the portion of the lower court’s order denying its request for…