P. v. Continental Heritage Ins. Co. CA2/3
Defendant and appellant Continental Heritage Insurance Co. (Continental), the surety on a bail bond, appeals an order denying its motion to vacate forfeiture and exonerate bail, as well as the judgment that was entered on the forfeited bond.
Continental contends the trial court lost jurisdiction over the bond by failing to declare a forfeiture immediately upon criminal defendant Ahmed Soliman’s (Soliman) failure to appear in court on September 3, 2015 for the preliminary hearing. The essential issue presented is whether the trial court acted within its discretion in refraining from forfeiting bail promptly upon Soliman’s failure to appear at that hearing.
The record reflects that Soliman was admitted to this country “on some sort of visa that allowed him to get his pharmacy license. During the pendency of this situation, the visa expired. He was unable to get an extension.
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