Can a motion to vacate a forfeiture judgment be appealed?

California, United States of America


The following excerpt is from People v. Landon White Bail Bonds, 234 Cal.App.3d 66, 285 Cal.Rptr. 575 (Cal. App. 1991):

6 Since the original judgment was not a consent judgment as to White, it was appealable. (People v. Surety Ins. Co. (1985) 165 Cal.App.3d 22, 25, fn. 2, 211 Cal.Rptr. 204.) The original time to appeal from that judgment expired no later than 180 days after entry of the judgment, or March 12, 1990--six months before this appeal was filed. (Cal.Rules of Court, rule 2(a).) Indeed, since White moved to vacate that judgment, the time to appeal expired even earlier--either 30 or 60 days after White received the clerk's notice of the denial of the motion to vacate. (See People v. Souza (1984) 156 Cal.App.3d 834, 837, fn. 2, 203 Cal.Rptr. 80 [order denying motion to vacate forfeiture, entered before summary judgment, held appealable].)

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