189 Cal. App. 4th 1242
Cal. Ct. App.2010Background
- Savlokhov was charged with battery with serious bodily injury and assault with a deadly weapon; Lexington posted a $50,000 surety bond for his release.
- Savlokhov was convicted on February 4, 2009, and failed to appear for sentencing, leading to bail forfeiture and a $300,000 bench warrant.
- Lexington moved to vacate the forfeiture and exonerate the bond, initially denied, then extended time to surrender a fugitive under section 1305.4.
- Lexington later argued Savlokhov was arrested in Chechnya, asserting the district attorney had refused to extradite under §1305(f).
- The district attorney opposed relief, asserting there was no extradition treaty with Chechnya, so no election against extradition could occur.
- The trial court granted exoneration based on Far West reasoning (equities), prompting timely appeal by the People.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1305(f) relief requires an extradition election when no treaty exists | Lexington: no treaty means no election; relief unavailable. | People: absence of treaty precludes election and relief under §1305(f). | Relief under §1305(f) not available without feasible extradition; absence of treaty bars exoneration. |
| Whether equities can justify exoneration despite no treaty | Lexington: equities favor exoneration due to risk they bore and inability to extradite. | People: equities cannot override statutory requirements; no adequate basis for relief. | Equities do not justify relief; Far West cannot be extended to this case; bond remains forfeitable. |
Key Cases Cited
- Far West Ins. Co. v. Superior Court, 93 Cal.App.4th 791 (Cal. Ct. App. 2001) (equities can override forfeiture where officials’ error caused release of a fugitive)
- County of Orange v. Ranger Ins. Co., 61 Cal.App.4th 795 (Cal. Ct. App. 1998) (extradition elections must be feasible; no election if extradition is not possible)
- Fairmont Specialty Group v. County of Los Angeles, 173 Cal.App.4th 538 (Cal. Ct. App. 2009) (forfeiture relief disfavored; equities favored surety where statutory scheme aligns)
- People v. Wilcox, 53 Cal.2d 651 (Cal. 1960) (abstention from arbitrary forfeitures and statutory interpretations)
- County of Los Angeles v. Ranger Ins. Co., 51 Cal.App.4th 1379 (Cal. Ct. App. 1996) (section 1305(g) feasibility of extradition controls relief)