In County of Los Angeles v. Fairmont Specialty Group, 2009 WL 1124427 (Cal.App. April 28, 2009) the defendant was a citizen of Honduras, and after he failed to appear the surety's agent located him there. The surety moved pursuant to Penal Code §1305(g) to vacate forfeiture and exonerate the bond because the prosecutor elected not to seek extradition. The Court held that an election not to extradite means an actual choice. Since the County presented uncontradicted evidence that Honduras would not extradite its citizens for the type of offense involved, any extradition request would have been futile. The Court stated, "We hold that when an extradition request would be futile or not feasible, no election can be made, and the forfeiture will not be vacated and the bond will not be exonerated."