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

California, United States of America


The following excerpt is from People v. Ind. Lumbermens Mut. Ins. Co., B259849 (Cal. App. 2016):

"'The statutory scheme governing bail forfeitures is found in . . . section 1305 et seq. These provisions must be carefully followed by the trial court, or its acts will be considered without or in excess of its jurisdiction.'" "Because of the harsh results of forfeiture and the jurisdictional nature of statutory compliance, appellate courts carefully review the record to ensure strict statutory compliance." (People v. United States Fire Ins. Co. (2015) 242 Cal.App.4th 991, 998-999.) "'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.]' [Citation.] '"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

Page 5

reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power."'" (County of Los Angeles v. Nobel Ins. Co. (2000) 84 Cal.App.4th 939, 944-945.)

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
Does a certificate of probable cause apply to a motion to set aside an order denying the motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can an order denying a motion to vacate a prior order setting aside default be appealed? (California, United States of America)
What is the test for a motion to set aside an order of forfeiture? (California, United States of America)
Is a motion denying a motion for reconsideration a separate order from the underlying order? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
Does the attached pleading requirement apply to a motion to set aside the anti-SLAPP order? (California, United States of America)
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.