Does appellant have standing to appeal from the order denying the motion to vacate the forfeiture period?

California, United States of America


The following excerpt is from People v. Hughes, B238052 (Cal. App. 2013):

4. Respondent does not suggest appellant lacks standing to appeal from the order denying the motion to vacate the forfeiture. Section 1305, subdivision (i) expressly authorized appellant to bring a motion to vacate forfeiture. The statute at the time provided: "A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property, any of whom may appear in person or through an attorney." (Italics added.) Since the bail agent may bring the motion to vacate, it may appeal from an adverse ruling. (See People v. Alistar Ins. Co. (2003) 115 Cal.App.4th 122, 124 [surety and bail agent both appealed from denial of motion to extend 180-day forfeiture period; order reversed].)

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