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CONTINENTAL CAS. CO. v. STATE OF CALIFORNIA

Docket No. 33770.

41 Cal.App.3d 259 (1974)

115 Cal. Rptr. 868

CONTINENTAL CASUALTY COMPANY, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

August 22, 1974.

Attorney(s) appearing for the Case

COUNSEL

Severson, Werson, Berke & Melchior and Bernardus J. Smit for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Robert R. Granucci and Gloria F. DeHart, Deputy Attorneys General for Defendant and Respondent.

OPINION

BROWN (H.C.), J.

This is an appeal from the judgment following the sustaining of a demurrer without leave to amend.

Appellant Continental Casualty Company filed its complaint on behalf of those who have paid to the state bail bond forfeitures in which a penalty assessment was included pursuant to Penal Code section 13521.

Penal Code section 13521 provides inter alia for the levy of a penalty assessment of ...

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