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Modification: People v. Financial Casualty & Surety, Inc.

Ruling by

Joan K. Irion

Lower Court

San Diego County Superior Court

Lower Court Judge

Maureen F. Hallahan

Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present.





Court

California Courts of Appeal 4DCA/1

Cite as

2019 DJDAR 9534

Published

Oct. 4, 2019

Filing Date

Oct. 3, 2019

Opinion Type

Modification

Disposition Type

Affirmed


THE PEOPLE,

Plaintiff and Respondent,

v.

FINANCIAL CASUALTY & SURETY, INC.,

Defendant and Appellant.

 

No. D073948

(Super. Ct. No. 37-2018-00011275-CU-EN-CTL)

California Courts of Appeal

Fourth Appellate District

Division One

Filed October 3, 2019

 

THE COURT:

 

It is ordered that the opinion filed herein on September 17, 2019 be modified as follows:

1. On page 4, second sentence of the first full paragraph, the words "The District Attorney" is changed to "County Counsel" so the sentence reads:

 

County Counsel filed an opposition, in which it argued that Surety had not fulfilled all of the requirements for exonerating bail by merely locating Juma in Kenya.

 

2. On page 5, third sentence of the first paragraph, the words "The District Attorney" is changed to "County Counsel" so the sentence reads:

 

County Counsel opposed the motion on the same grounds as earlier and also pointed out that an order tolling Surety's period to vacate the forfeiture was not available because the District Attorney would not agree to it.

 

3. On page 5, third sentence of the second paragraph, the words "The District Attorney" is changed to "County Counsel" so the sentence reads:

 

County Counsel filed a supplemental opposition, in which it argued, among other things, that Surety was barred from raising additional grounds for its motion after the expiration of the appearance period.

 

There is no change in the judgment.

 

 

HUFFMAN, Acting P. J.

#274029

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