P. v. International Fidelity Ins.
In this bail forfeiture action, appellant, International Fidelity Insurance Company (International Fidelity), moved to vacate the forfeiture and exonerate bail on the ground that the prosecutor elected to not extradite the criminal defendant who had fled to Mexico. Under Penal Code[1] section 1305, subdivision (g), the court must vacate the forfeiture and exonerate bail when the bail agent locates and positively identifies the defendant in a foreign jurisdiction and the prosecuting agency elects not to seek extradition.
The trial court denied International Fidelity’s motion on the ground that extradition was not feasible. International Fidelity argues that substantial evidence does not support the trial court’s ruling. We disagree. Further, International Fidelity failed to present either relevant or admissible evidence to the contrary. The trial court ruled that the evidence that International Fidelity did present was inadmissible and International Fidelity has not challenged the trial court’s evidentiary rulings on appeal. Accordingly, we will affirm the judgment.
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