California · Penal Code

PEN §1305.5: Notwithstanding Sections 85, 580, 904.

Civil

What this law says, in plain English

This statute establishes appellate procedures for bail forfeiture appeals, directing them to either the court of appeal or appellate division based on the forfeiture amount and case type.

Read the full statutory text

Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305: (a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case. (b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case. (c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case.

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