Does the abuse of discretion standard apply to a motion to vacate the forfeiture of a bail bond?

California, United States of America


The following excerpt is from People v. Accredited Sur. Cas. Co., 178 Cal.Rptr.3d 809, 230 Cal.App.4th 548 (Cal. App. 2014):

Ordinarily, appellate courts review an order denying a motion to vacate the forfeiture of a bail bond under an abuse of discretion standard. [Citation.] When the appellate court is deciding only legal issues, however, such as ... matters of statutory interpretation, the abuse of discretion standard does not apply. [Citation.] When the facts are undisputed and only legal issues are involved, appellate courts conduct an independent review. ( People v. International Ins. Co. (2012) 204 Cal.App.4th 588, 592, 138 Cal.Rptr.3d 883.)

In contrast, when there are factual disputes, the trial court's findings of fact will be upheld under the abuse of discretion standard when those findings are supported by substantial evidence. ( Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711, 76 Cal.Rptr.3d 250, 182 P.3d 579 [abuse of discretion standard applied to motion to recuse a prosecutor].)

Other Questions


Does the abuse of discretion standard apply to a denial of a motion to vacate a forfeiture and exonerate a bail bond? (California, United States of America)
What is the test for a motion to vacate the forfeiture of a bail bond under the abuse of discretion standard? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
Is a motion to vacate the forfeiture of a bail bond normally reviewed for abuse of power? (California, United States of America)
What is the abuse of discretion test for a motion to vacate a bail bond? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Can a court abuse its discretion by applying an erroneous legal standard or by making a ruling unsupported by substantial evidence? (California, United States of America)
Does a trial court's decision to deny leave to amend for an abuse of discretion in a motion to amend a motion? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.