People v. Allied Fidelity Insurance

Good Law
168 Cal. App. 3d 253·1985 Cal. App. LEXIS 2090·214 Cal. Rptr. 99
Court of Appeal of CaliforniaMay 16, 1985No. B004926California2,969 words

Opinion

Lead Opinion

McClosky, J.

*255 Opinion

On November 1, 1984, we reversed an order vacating the forfeiture of a bail bond and exonerating the bond on the ground that the trial court had no jurisdiction to make such an order.

On January 3, 1985, the California Supreme Court granted a hearing in this matter and retransferred the case back to us with directions to permit the parties to file supplemental briefs on the jurisdictional issue which this court concluded was dispositive, to permit further additional oral argument unless waived, and “to reconsider the appeal in light of People v. United Bonding Ins. Co. (1971) 5 Cal.3d 898, 906 [ 98 Cal.Rptr. 57 , 489 P.2d 1385 ]; and People v. Surety Ins. Co. (1976) 55 Cal.3d [jic] 197, 201 [ 127 Cal.Rptr. 451 ].”

The parties thereafter filed supplemental briefs with this court regarding the jurisdictional issue and have presented further oral argument. As directed, we have reconsidered our initial decision in light of People v. United Bonding Ins. Co., supra, 5 Cal.3d 898, 906 and People v. Surety Ins. Co., supra, 55 Cal.App.3d 197, 201 . While these cases are distinguishable from the matter before us, we shall conclude that our initial conclusion that the trial…

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