Legal Opinion
County of Orange v. Classified Ins. Corp.
California Court of Appeal
Decided February 28, 1990No. G007426PublishedCited by 6 opinions
1Opinion of the Court
Opinion
MOORE, J.
This appeal involves a question of first impression, and requires us to construe Penal Code section 1306, subdivision (e), which provides the right to enforce a summary judgment against a bail bondsman expires two years after entry of judgment.
The lower court concluded an appeal tolls the collection process, such that the two-year period runs from the date of the filing of the remittitur.
We hold the two-year period for enforcement is a jurisdictional limitation and, because the taking of an appeal does not toll the running of the enforcement period, we reverse.
Facts
Classified…
2Cases cited10 opinions
- People v. United Bonding InsuranceCalifornia Supreme Court · 1971
- County of Los Angeles v. Surety InsuranceCalifornia Court of Appeal · 1984
- Laubisch v. RoberdoCalifornia Supreme Court · 1954
- People v. RamirezCalifornia Court of Appeal · 1976
- People v. Surety Insurance Co. of CaliforniaCalifornia Court of Appeal · 1973
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3Cited by6 opinions
- People v. American Contractors Indemnity Co.California Court of Appeal · 2006
- People v. Am. Sur. Co., California Court of Appeal, 5th District2019
- People v. N. River Ins. Co., California Court of Appeal, 5th District2017
- Cnty. of Orange v. Seneca Ins. Co., California Court of Appeal, 5th District2019
- County of Orange v. Seneca Insurance Co.California Court of Appeal · 2019
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