What is the test for a motion to set aside an order of forfeiture?

California, United States of America


The following excerpt is from County v. Nobel Ins., 101 Cal.Rptr.2d 320, 84 Cal.App.4th 939 (Cal. App. 2000):

"The determination of a motion to set aside an order of forfeiture is entirely within the discretion of the trial court, not to be disturbed on appeal unless a patent abuse appears on the record. [Citations.]" (People v. Wilcox (1960) 53 Cal.2d 651, 656.) "'The burden is on the party complaining to establish an abuse of discretion, and unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power.' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.)

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