What is the burden of proving a surety that has forfeited their bail?

California, United States of America


The following excerpt is from People v. Bankers Ins. Co., H041374 (Cal. App. 2015):

"While it is true that the law disfavors forfeitures, including forfeitures of bail under the bail provisions of the Penal Code, it is the burden of the surety to show that a forfeiture of its bail should be set aside. [Citation.]" (People v. American Surety Ins. Co. (2001) 88 Cal.App.4th 762, 768.) An order denying a motion to set aside a bail forfeiture

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is reviewed under the abuse of discretion standard. (People v. Legion Ins. Co. (2002) 102 Cal.App.4th 1192, 1195.) Under this standard, the trial court's decision will be affirmed on appeal unless it " ' "exceeds the bounds of reason, all circumstances being considered. [Citation.]" ' [Citation.]" (People v. Ranger Ins. Co. (2000) 81 Cal.App.4th 676, 680, quoting People v. Froehlig (1991) 1 Cal.App.4th 260, 265.)

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