Recent Decisions Relating To Bail Law
“When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment.” (Taylor v. Taintor (1872) 83 U.S. 366, 371; cf. Kiperman v. Klenshetyn (2005) 133 Cal.App.4th 934, 939.)
Taylor v. Taintor
Taylor v. Taintor, 83 U.S. 366, was a United States Supreme Court case. It is commonly credited as having decided that a person to whom a suspect is remanded, such as a bail bondsman, has sweeping rights to recover the suspect. WikipediaDate decided: 1873Ruling court: Supreme Court of the United StatesPrior: In error to the Supreme Court of Errors of the State of ConnecticutCitations: 83 U.S. 366 (more)16 Wall. 366; 21 L. Ed. 287; 1873 U.S. LEXIS 1168
DEPORTATION = EXONERATION
COUNTY OF LOS ANGELES, Plaintiff and Respondent,
FINANCIAL CASUALTY & SURETY INC., Defendant and Appellant.
Court of Appeals of California, Second District, Division Two.April 7, 2015.
Richard D. Weiss, Acting County Counsel, Ruben Baeza, Jr., Assistant County Counsel, and Lindsay Yoshiyama, Deputy County Counsel, for Plaintiff and Respondent.
ASHMANN-GERST, Acting P. J.—
Appellant Financial Casualty & Surety Inc. (Financial Casualty) appeals the denial of its motion under Code of Civil Procedure section 473, subdivision (b) asking the trial court to consider a prior motion to vacate forfeiture and exonerate bond that was taken off calendar due to its attorney’s mistake, inadvertence, surprise or excusable neglect. Because Financial Casualty established surprise and excusable neglect due to misinformation from a court clerk, we reverse. The matter is remanded for the trial court to determine if there are grounds to vacate forfeiture and exonerate bond due to a permanent disability under Penal Code section 1305, subdivision (d) because the bailee, Giovanni Santana (Santana), was deported to Mexico and barred from reentry into the United States for 20 years. If there is a permanent disability, the trial court is directed 41*41 to set aside summary judgment on the forfeiture of Financial Casualty’s bond, and then to vacate that forfeiture and exonerate the bond. Otherwise, the trial court shall deny the motion on the merits.