People v. National Automobile & Casualty Insurance
California Court of Appeal
1Opinion of the Court
Opinion
JOHNSON, J.
A surety appeals from an order denying its motion to vacate forfeiture of a bond. The sole issue on appeal is whether the failure to declare the bond forfeited in open court as required by Penal Code section 1305, subdivision (a) exonerates the bond. We answer the question in the affirmative. Accordingly, we reverse the order and remand to the trial court with directions to vacate the forfeiture and exonerate the bond.
Facts and Proceedings Below
On July 13, 1999, Bert Potter Bail Bonds, as an agent for appellant National Automobile and Casualty Insurance Company (National),…
2Cases cited21 opinions
- Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
- Renee J. v. Superior CourtCalifornia Supreme Court · 2001
- People v. United Bonding InsuranceCalifornia Supreme Court · 1971
- Estate of GriswoldCalifornia Supreme Court · 2001
- County of Los Angeles v. Surety InsuranceCalifornia Court of Appeal · 1984
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3Cited by13 opinions
- People v. Allegheny Casualty Co.California Supreme Court · 2007
- People v. Amwest Surety InsuranceCalifornia Court of Appeal · 2004
- People v. Bankers Insurance Co.California Court of Appeal · 2009
- Travelers Casualty & Surety Co. v. Superior CourtCalifornia Court of Appeal · 2005
- People v. Int'l Fid. Ins. Co., California Court of Appeal, 5th District2018
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