Legal Opinion

People v. American Surety Insurance

California Court of Appeal

Decided January 27, 2000No. B133111PublishedCited by 16 opinions

1Opinion of the Court

Opinion

YEGAN, J.

American Surety Insurance Co. (Surety) appeals from the trial court’s order denying its motion to vacate forfeiture and exonerate the bail it posted for Alan Rodriguez Quintero. (Pen. Code, § 1305.) The bail was forfeited when Quintero, who was deported to Mexico by federal immigration authorities, did not appear at his preliminary hearing. Surety contends the order of forfeiture should be vacated because federal immigration laws prevented Quintero’s legal return to the United States, making Surety’s performance of the bond impossible. We agree and reverse. “The law never…

2Cases cited7 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. People v. United Bonding InsuranceCalifornia Supreme Court · 1971
  3. People v. MeyersCalifornia Supreme Court · 1932
  4. County of Los Angeles v. MagaCalifornia Court of Appeal · 1929
  5. People v. United Bonding InsuranceCalifornia Court of Appeal · 1970

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3Cited by16 opinions

  1. In Re Sanford & Sons Bail Bonds, Inc.Court of Criminal Appeals of Tennessee · 2002
  2. People v. TingcungcoCalifornia Court of Appeal · 2015
  3. County of Los Angeles v. Nobel InsuranceCalifornia Court of Appeal · 2000
  4. People v. EscaleraColorado Court of Appeals · 2005
  5. People v. Fin. Cas. & Sur., Inc., California Court of Appeal, 5th District2017

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