Co. of LA v. Financial Casualty & Surety

California Court of Appeal Jun 27, 2013 No. B240358MPublished

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Holding. The court held that a bail surety is entitled to mandatory exoneration of a bond under Penal Code section 1305, subdivision (d) if the defendant is permanently unable to appear and the surety did not connive in the absence, regardless of the surety's knowledge of the defendant's immigration status. The court clarified that the "clean hands" doctrine is not a valid legal standard for determining bail exoneration under this statute.

Issues

Whether the "clean hands" doctrine applies to a motion to vacate a bail forfeiture under Penal Code section 1305, subdivision (d).
Whether a bail surety "connives" in a defendant's absence by posting bond for an individual with knowledge that the defendant is an undocumented alien likely to be deported.

Disposition. reversed

Quotations verified verbatim against the opinion

“Exoneration of bail under section 1305, subdivision (d) is neither discretionary nor dependent on the “clean hands” of the surety.”

“We hold that even assuming the bail surety should have known there was a likelihood Villa would be deported while out on bail, the surety did not “connive” in his deportation and therefore was entitled to exoneration of its bond.”

Filed 6/27/13 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

COUNTY OF LOS ANGELES, B240358

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SJ3716) v. ORDER MODIFYING OPINION FINANCIAL CASUALTY & SURETY, [NO CHANGE IN JUDGMENT] INC.,

Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on May 31, 2013, be modified as follows: The last full paragraph of the discussion, beginning at the bottom of page 4 and continuing to page 5, is deleted. There is no change in the judgment. CERTIFIED FOR PUBLICATION.

ROTHSCHILD, Acting P. J. CHANEY, J. JOHNSON, J.

Filed 5/31/13 (unmodified version) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

COUNTY OF LOS ANGELES, B240358

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SJ3716) v.

FINANCIAL CASUALTY & SURETY, INC.,

Defendant and Appellant.

APPEAL from an order and judgment of the Superior Court of Los Angeles County. Mark A. Young, Judge. Reversed. E. Alan Nunez for Defendant and Appellant. Ruben Baeza, Jr., Assistant County Counsel, Joanne Nielsen, Principal Deputy County Counsel for Plaintiff and Respondent.

Co. of LA v. Financial Casualty & Surety

AI Brief

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

COUNTY OF LOS ANGELES, B240358

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

COUNTY OF LOS ANGELES, B240358

FINANCIAL CASUALTY & SURETY, INC.,

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CHANEY, J. JOHNSON, J.

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