Legal Opinion
People v. Financial Casualty & Surety, Inc.
California Court of Appeal
Decided April 3, 2017No. B264718PublishedCited by 16 opinions
1Opinion of the Court
Opinion
HOFFSTADT, J.
When a court forfeits a bail bond, the bond’s surety is subsequently entitled to vacatur of that forfeiture if the defendant is later found out of state as long as (1) the defendant “is temporarily detained” by the “bail agent... in the presence of a local law enforcement officer,” (2) the local officer submits a sworn affidavit “positively identifying]” the defendant, (3) and “the prosecuting agency elects not to seek extradition after being informed of the location of the defendant.” (Pen. Code, § 1305, subd. (g).) Can the prosecuting agency refuse to make an…
2Cases cited30 opinions
- Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002
- Hayes v. FloridaSupreme Court of the United States · 1985
- People v. MauryCalifornia Supreme Court · 2003
- Gikas v. ZolinCalifornia Supreme Court · 1993
- People v. American Contractors Indemnity Co.California Supreme Court · 2004
25 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. N. River Ins. Co., California Court of Appeal, 5th District2018
- People v. N. River Ins. Co., California Court of Appeal, 5th District2017
- Belen v. Ryan Seacrest ProductionsCalifornia Court of Appeal · 2021
- LVNV Funding v. RodriguezCalifornia Court of Appeal · 2024
- People v. Accredited Surety & CasualtyCalifornia Court of Appeal · 2022
11 more not listed; retrieve them via the Exa API.