CA Unpub Decisions
California Unpublished Decisions
A decision regarding appeal from an order denying a motion to extend the forfeiture period for a bail bond. Appellant contends the trial court (1) erred in finding its motion was untimely and (2) abused its discretion in concluding Appellant failed to establish good cause for extending the forfeiture period. Court agrees and reverses.
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Court agree with appellants that their causes of action are not barred by the statute of limitations, due to the operation of the equitable tolling doctrine. However, the court concludes that appellants failed to establish a probability of prevailing on the merits of either of their slander claims and that the trial court thus properly granted Respondent's anti-SLAPP motion.
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The appeal follows remand to determine the truth of appellant's prior convictions. In this appeal, appellant raises for the first time an issue that could have been raised in his first appeal or in his retrial and resentencing, specifically, that an enhancement incorrectly referenced the wrong subdivision of a code section. Although court deem the issue forfeited, court correct the judgment to reflect the correct subdivision.
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Listings: 77266
Regular: 77266
Last listing added: 06:28:2023
Regular: 77266
Last listing added: 06:28:2023