Can a failure to forfeit a bond be treated as a forfeiture?

California, United States of America


The following excerpt is from People v. Bankers Ins. Co., A156791 (Cal. App. 2020):

The cases cited by respondent are inapposite. First, they involved only acts by a court that were deemed in excess of jurisdiction, and they did not suggest that the failure to forfeit a bond could be characterized as such an act. To the contrary, one of the cases on which respondent relies - Bankers Insurance - distinguishes the situation where, as here, the court " 'no longer had jurisdiction to declare a forfeiture' " because the court had failed to follow the requirements of section 1305, and summary judgment on the bond was

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"void." (People v. Bankers Insurance (2010) 182 Cal.App.4th 1377, 1385-1386 fn.10.)

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