Legal Opinion
County of Los Angeles v. Fairmont Specialty Group
California Court of Appeal
Decided April 28, 2009No. B202469PublishedCited by 8 opinions
1Opinion of the Court
Opinion
MOSK, J.
INTRODUCTION
Under Penal Code section 1305, subdivision (g), 1 when bail is forfeited because a defendant has fled the jurisdiction of California, if the local law enforcement agency “elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond . . . .” We hold that when an extradition request would be futile or not feasible, no election can be made, and the forfeiture will not be vacated and the bond not exonerated. We further hold that there is sufficient evidence to support the trial court’s…
2Cases cited18 opinions
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Ghirardo v. AntonioliCalifornia Supreme Court · 1994
- Haraguchi v. Superior CourtCalifornia Supreme Court · 2008
- People v. American Contractors Indemnity Co.California Supreme Court · 2004
- State v. HennessOhio Supreme Court · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lopez v. Nissan North America, Inc.California Court of Appeal · 2011
- People v. Financial Casualty & Surety, Inc.California Court of Appeal · 2017
- People v. Indiana Lumbermens Mutual InsuranceCalifornia Court of Appeal · 2012
- People v. N. River Ins. Co., California Court of Appeal, 5th District2017
- People v. Lexington National InsuranceCalifornia Court of Appeal · 2010
3 more not listed; retrieve them via the Exa API.