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
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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.)
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