What is the test for a motion to exonerate under section 1305 of the California Criminal Code?

California, United States of America


The following excerpt is from Cnty. of Ventura v. Best Choice Bail Bonds, 2d Civil No. B291037 (Cal. App. 2019):

Best Choice's argument that the trial court lacked jurisdiction to enter summary judgment is based on the doctrine of judicial estoppel. Best Choice points to the following statement made by the County in opposition to the motion to exonerate the bond: "[T]he original 180-day appearance period ran out on January 12, 2017. On February 14, 2017, the court ordered an extension to July 6, 2017. The maximum time the law allowed in the instant matter was 180 days from the date of the hearing on the [section 1305.4] motion to extend, which would have run on August 13, 2017. (People v. Financial Casualty [&] Surety, Inc. (2016) 2 Cal.5th, 45-46.) [Best Choice's] motion to exonerate pursuant to [section 1305, subdivision (g)] was filed on July 6, 2017, and originally was set for hearing on August 4, 2017. The

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