Tingcungco

People v. Tingcungco

Bad Law
187 Cal. Rptr. 3d 706·2015 Cal. App. LEXIS 470·237 Cal. App. 4th 249
Court of Appeal of CaliforniaMay 29, 2015B253003California3,482 words

Opinion

Opinion

Rubin, J.

Allegheny Casualty Company appeals from the order denying its motion to vacate its forfeiture of a bail bond, contending that the applicable statute required additional tolling of the forfeiture period while prosecutors decided whether to extradite a fugitive who had been located in a foreign country. We disagree and affirm the order.

FACTS AND PROCEDURAL HISTORY

On August 30, 2012, Allegheny Casualty Company, through its agent, posted $50,000 bail for Ericson Tingcungco, who had been charged with burglary. When Tingcungco did not appear as ordered on September 5, 2012, the trial court forfeited bail. The appearance period — the period during which the bond might be exonerated if Tingcungco appeared — was later extended to October 4, 2013.

On October 1, 2013, Allegheny notified the Los Angeles County District Attorney’s Office that Tingcungco had been located in Mexico, and asked it to decide whether to begin extradition proceedings. If the district attorney elected not to do so within the appearance period, then the bail bond would be exonerated. (Pen. Code, § 1305, subd. (g).) On October 2, 2013, Allegheny filed a motion asking the trial court to further toll the…

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