County of Fresno v. Seaview Insurance Co. CA5
Appellant, Seaview Insurance Company, posted bail for a criminal defendant (“defendant”). Defendant, a 91-year-old male, suffered from several medical conditions relating to a major stroke and worsening dementia. After defendant failed to appear, the court forfeited the bail bond. Appellant timely moved to reinstate the bail bond under Penal Code section 1305, subdivision (a), or, alternatively, to exonerate or toll the forfeiture period based on permanent or temporary disability of defendant under subdivisions (d) and (e). The court denied the motion and a motion for reconsideration presenting additional evidence of defendant’s infirmities. On appeal, we reverse and remand to allow the trial court to determine whether appellant had presented sufficient evidence of defendant’s disability to provide relief from forfeiture of the bail bond.
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