legal news


Register | Forgot Password

AMERICAN LIBERTY BAIL BONDS, INC v. JOHN GARAMENDI PART II

AMERICAN LIBERTY BAIL BONDS, INC v. JOHN GARAMENDI PART II
08:02:2006

AMERICAN LIBERTY BAIL BONDS, INC v. JOHN GARAMENDI








Filed 7/28/06





CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION THREE












AMERICAN LIBERTY BAIL BONDS, INC.,


Plaintiff and Respondent,


v.


JOHN GARAMENDI, as Insurance Commissioner, etc., et al.,


Defendants and Appellants.


___________________________________


ADNAN MUSTAFA YOUSEF,


Plaintiff and Appellant,


v.


JOHN GARAMENDI, as Insurance Commissioner, etc., et al.,


Defendants and Respondents.


___________________________________



B183344


(Los Angeles County


Super. Ct. No. BS093031, BS093263)


(Los Angeles County


Super. Ct. No. BS093264)



Story continue from Part I ……..



Here, the Orange County District Attorney filed an information against Yousef. That information was filed by a body independent from the Commissioner, and it had to be based on reasonable or probable cause or it was subject to being set aside. (See Pen. Code, § 995.) Therefore, the information, like an indictment, provides â€





Description Insurance Code Sec. 1748.5--which provides that if a "subject person" has been charged with certain types of felony crimes and if the insurance commissioner finds that a failure to issue a suspension order threatens an insurer's solvency or may cause financial or other injury to any person. Then the commissioner shall immediately suspend that subject person from participating in the business of an insurer or production agency and allows no right of presuspension hearing. It limits a postsuspension hearing to issues other than the truth of the criminal charges but provides that if the charges result in anything other than a conviction, the suspension will be revoked as if it had never been issued--does not violate constitutional due process rights. Is not impermissibly vague and applies only to natural persons.
Rating
0/5 based on 0 votes.

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale