In what circumstances will a court strike down a penalty assessed under section 13521 of the Penal Code?

California, United States of America


The following excerpt is from Mitchell v. National Auto. & Casualty Ins. Co., 113 Cal.Rptr. 391, 38 Cal.App.3d 599 (Cal. App. 1974):

In the instant case, it is clear that at the time plaintiff and the other persons whom he claims to represent contracted with defendants to obtain bail bonds, there was no reason whatever for any of the parties to suspect that the penalty assessment authorized by section 13521 of the Penal Code was unlawful. To the contrary, under the law prevailing at that time, the constitutionality of section 13521 had expressly been upheld in People v. Norman, Supra, wherein the court determined that the statute did not provide for the imposition of excessive bail.

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