P. v. Financial Casualty & Surety CA1/3
Financial Casualty & Surety, Inc. (FC Surety) appeals from a judgment entered after the trial court denied its motion to vacate the forfeiture of a $75,000 bond. FC Surety contends it was entitled to relief under Penal Code section 1305, subdivision (c)(3), which requires the court to vacate forfeiture and exonerate bail if, outside the county where the case is located, the defendant (1) is surrendered to custody by the bail or (2) is arrested in the underlying case. FC Surety also contends the San Francisco City Attorney lacked standing to object to the motion to vacate forfeiture because it was not “the prosecuting agency” on the case. We reject the contentions and affirm the judgment.
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