P. v. The North River Ins. Co. CA5
In this bail forfeiture action, appellant, The North River Insurance Company (North River), moved to exonerate the bond on the ground that the defendant was in custody in another county and a hold had been placed on the defendant in the underlying case. The trial court exonerated the bond but conditioned the exoneration on North River paying the actual costs of returning the defendant to custody from Folsom State Prison pursuant to Penal Code section 1306, subdivision (b).
North River contends the award of transportation costs was improper because those costs were incurred after the defendant was returned to custody, i.e., after the hold was placed on him. North River further argues the trial court should not have awarded costs “in the interest of justice.”
The trial court did not err when it ordered a conditional exoneration. Accordingly, the order will be affirmed.
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