People v. Western Insurance
204 Cal. App. 4th 1025
Cal. Ct. App.2012Background
- Western Insurance, through Aladdin Bail Bonds, posted a $50,000 bond for Jasbir Riar to secure release; Riar failed to appear on November 25, 2009, leading the court to forfeit the bond.
- Notice of forfeiture was mailed to Western and Aladdin; a 180-day period existed for exoneration, extended to November 24, 2010 upon Western’s motion.
- Riar was located in India on September 25, 2010; Western informed the People and requested whether extradition would be pursued.
- Western filed a motion on October 29, 2010 to vacate the forfeiture and exonerate the bond under § 1305(g) based on no extradition response.
- The People opposed, stating they intended to pursue extradition; they later indicated they were proceeding via the NCIC/Interpol channels.
- By January 19, 2011, the trial court denied Western’s motion, entered summary judgment, and did not rule on the People’s motion to quash.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies to the bond exoneration period. | Western: tolling should extend the period during extradition. | People: tolling is not available under the statute and Seneca defines limits. | No; tolling not available; statutory scheme governs exoneration. |
Key Cases Cited
- People v. American Contractors Indemnity Co., 33 Cal.4th 653 (Cal. 2004) (tightens control over timing and tolling of exoneration)
- Seneca Ins. Co. v. Superior Court, 189 Cal.App.4th 1075 (Cal. Ct. App. 2010) (no automatic tolling; express statutory framework governs exoneration)
- Lantzy v. Centex Homes, 31 Cal.4th 363 (Cal. 2003) (equitable tolling limitations under statutory scheme)
- McDonald v. Antelope Valley Community College Dist., 45 Cal.4th 88 (Cal. 2008) (equitable tolling as nonstatutory doctrine and limitations)
- Williams v. City of Belvedere, 72 Cal.App.4th 84 (Cal. App. 1999) (legislature’s remedies should be exhausted before nonstatutory tolling)