Legal Opinion · Dissent

People v. Bankers Ins. Co.

California Court of Appeal, 5th District

Decided June 19, 2019No. H045635Published

1DissentMihara, J.

I do not agree with my colleagues that the case before us may be meaningfully distinguished from County of Los Angeles v. Financial Casualty & Surety, Inc. (2016) 247 Cal.App.4th 875, 202 Cal.Rptr.3d 380 ( Financial Casualty ). In my view, Penal Code section 13051 required the superior court to send notice to the surety within 30 days after it declared a forfeiture in open court on July 19, 2016. Because it failed to do so, the court lacked jurisdiction to subsequently declare a forfeiture.

I. Facts

On June 3, 2016, criminal defendant Manuel Gheeraert was arraigned, the public defender was…

2Cases cited6 opinions

  1. People v. Wilshire InsuranceCalifornia Court of Appeal · 1975
  2. People v. Allegheny Casualty Co.California Supreme Court · 2007
  3. People v. Amwest Surrety Insurance Co.California Court of Appeal · 1980
  4. County of Orange v. Lexington National InsuranceCalifornia Court of Appeal · 2006
  5. People v. Surety InsuranceCalifornia Court of Appeal · 1983

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API