Thursday, November 02, 2006

County of Los Angeles v. Harco Nat. Ins. Co. (Cal. Ct. App. - Nov. 2, 2006)

On March 13, 2004, Harco National Insurance Company posts a $1,000,000 bond for the release of Armin Vossooghi, who'd been charged with robbery and battery. At which point Vossooghi skips. Appropriately enough, bail is forfeited on April Fool's Day, 2004.

On September 20, 2004, Harco files a motion to extend the 185-day time period in which to surrender Vossooghi, but that motion is denied on October 21, 2004. Summary judgment on the bond was then entered December 7, 2004. Appropriately enough again. A day that will live in infamy.

Meanwhile, however, on November 24, 2004 (the day before Turkey Day!) Vossooghi was arrested in Florida and held for extradition in California. So on May 20, 2005, Harco files a motion to vacate forfeiture, set aside summary judgment, and exonerate bail (i.e., "Give me back the million bucks!").

But even though Vossooghi was arrested in November, and summary judgment on the bond entered in the following December, Harco's counsel never filed an appeal of that judgment.


Sorry. Your request to return the $1,000,000 is untimely. You should have filed an appeal.

So Los Angeles says: "Thanks for the million dollars. We'll put it to good use. I promise. Oh, yeah. One more thing. Thanks for costs on appeal as well." Affirmed.