How has section 1305 of the California Code of Civil Procedure been interpreted in the context of forfeiture and forfeiture cases?

California, United States of America


The following excerpt is from The People v. Ranger Insurance, 77 Cal.App.4th 813, 91 Cal.Rptr.2d 907 (Cal. App. 2000):

From January 1, 1970 until January 1, 1986, section 1305 included a reference to section 1010 of the Code of Civil Procedure, which relates to the serving of notices.8 This reference to Code of Civil Procedure section 1010 was interpreted in People v. National Auto. & Cas. Ins. Co. (1979) 92 Cal.App.3d 907 (hereinafter the 1979 case) to engage the five-day extension provided by Code of Civil Procedure section 1013 where service of notice was by mail. The court held this had the effect of extending the period within which a surety could move to vacate forfeiture to 185 days. (Id. at p. 912.) This is explained further below, following a discussion of section 1305 as then in effect.

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