People v. Fin. Cas. & Sur., Inc.

221 Cal. Rptr. 3d 731, 14 Cal. App. 5th 308, 2017 WL 3476706, 2017 Cal. App. LEXIS 697
CourtCalifornia Court of Appeal, 5th District
DecidedJuly 14, 2017
DocketA145568, A146916
StatusPublished
Cited by3 cases

This text of 221 Cal. Rptr. 3d 731 (People v. Fin. Cas. & Sur., Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fin. Cas. & Sur., Inc., 221 Cal. Rptr. 3d 731, 14 Cal. App. 5th 308, 2017 WL 3476706, 2017 Cal. App. LEXIS 697 (Cal. Ct. App. 2017).

Opinion

Siggins, J.

*310In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals two orders denying it relief from the *734forfeiture of a $150,000 bail bond. The trial court denied FC Surety's bail agent's initial motion to vacate the forfeiture under Penal Code section 980, subdivision (b).1 The trial court also denied FC Surety's motion to set aside the summary *311judgment issued when FC Surety failed to exonerate the bond within the statutory period. FC Surety contends it was entitled to tolling of the appearance period under section 1305, subdivision (e); vacation of forfeiture due to defendant's custody and good cause under section 1305.6, subdivision (b); and untimeliness of summary judgment under section 1306, subdivision (c). We agree FC Surety had valid grounds for relief under section 1305.6, subdivision (b), so we reverse.

BACKGROUND

FC Surety, through its bail agent, Bail Hotline Bail Bonds, posted $150,000 bail to secure Carlos Ventura's release from custody in San Francisco.

On September 15, 2014, when Ventura failed to appear in court, the San Francisco Superior Court issued a bench warrant and declared the bond forfeited. Notice of the forfeiture was mailed on October 7, 2014. The notice stated FC Surety's "contractual obligation to pay th[e] bond [would] become absolute on [April 10, 2015], the 185th day following the date of mailing of this NOTICE unless the court shall sooner order the forfeiture set aside."

On March 12, 2015, FC Surety's bail agent discovered Ventura was in custody in Contra Costa County. The bail agent tried to surrender the warrant issued by the San Francisco Superior Court and have Ventura held and arrested for the San Francisco case. Twice, the bail agent asked the Contra Costa County Sheriff to run Ventura's identity for active warrants. On both occasions, the Contra Costa County Sheriff found none, in spite of verification the bail agent received from the San Francisco Sheriff that there was an active bench warrant issued by the San Francisco court.

On April 3, 2015, the bail agent moved to vacate the forfeiture and exonerate the bond. The bail agent argued the failure to enter the San Francisco bench warrant into the National Crime Information Center as required was a data entry error that prevented Ventura from being arrested for the San Francisco case and required exoneration of liability on the bond pursuant to section 980, subdivision (b). The bail agent asserted no alternative statutory basis for relief. But the caption page, beneath the motion title, stated " P.C. § 980(b), 1305(e)" in brackets.

On April 27, 2015, the trial court denied the motion to vacate forfeiture and exonerate bail because the bench warrant remained outstanding. The bail agent then orally requested the court to extend the statutory time to secure Ventura's appearance under section 1305.4. Absent a request in writing, the court denied the oral motion.

*312On May 8, 2015, FC Surety, represented by new counsel, filed a reconsideration motion. In part, FC Surety asked the court to toll the appearance period pursuant to Penal Code section 1305, subdivision (e), which had been referenced in the initial motion. The trial court heard and denied FC Surety's reconsideration motion on June 16, 2015. Two days later, FC Surety appealed the April 27, 2015 order in appeal number A145568.

On August 19, 2015, in the absence of any order setting aside the forfeiture, the court issued summary judgment on the bail forfeiture for $150,000, plus fees, pursuant *735to section 1306. On August 21, 2015, the court mailed notice of the judgment.

On September 9, 2015, FC Surety e-filed its motion to set aside summary judgment, discharge forfeiture, and exonerate the $150,000 bail. FC Surety argued section 1305, subdivision (c)(3) required the court to exonerate bail because Ventura had been arrested in Contra Costa County and FC Surety first learned on June 19, 2015, that the San Francisco warrant had actually been served during the appearance period. It also argued section 1305.6, subdivision (b) allowed it to file its motion within 20 days of the court's notice of entry of summary judgment. In addition, it informed the court that Ventura was then in custody in San Francisco County.

On October 27, 2015, the trial court heard the motion and denied it the next day. In its written order, the court stated, "Even if the court tolled the 180-day period due to [Ventura's incarceration], the court still entered summary judgment within 90 days of [FC Surety's] Motion for Reconsideration. Defendant also untimely filed their instant motion. Motions under section 1305(c)(3) were meant to be filed within the 180-day period, unless the period is extended."

On November 9, 2015, FC Surety appealed this order in appeal number A146916. In response to the People's unopposed motion, we consolidated appeals A145568 and A146916 for purposes of briefing, oral argument, and a decision.

DISCUSSION

A. Bail Bond Forfeitures and Relief from Forfeiture

A bail bond " 'is a contract between the surety and the government whereby the surety acts as a guarantor of the defendant's appearance in court under the risk of forfeiture of the bond.' " ( People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 657, 16 Cal.Rptr.3d 76, 93 P.3d 1020 ( American Contractors ).)

*313The statutory scheme governing bail forfeitures provides that: If a criminal defendant out on bail fails to appear in court when lawfully required to do so, the trial court must declare the bail forfeited. ( § 1305, subd. (a)(1).) The clerk must mail notice of forfeiture to the surety for bonds over $400, and then the surety has 180 days, plus an additional 5 days for mailing, to bring the criminal defendant into court. ( § 1305, subds. (b) - (c).) These 185 days are known as the appearance period. ( People v. The North River Ins. Co. (2011) 200 Cal.App.4th 712, 718, 132 Cal.Rptr.3d 789 ( North River ).) Under section 1305.4, the surety may seek an extension of the appearance period of up to another 180 days upon a showing of good cause. (§ 1305.4.) Under section 1305, subdivision (e)(1), the appearance period can be tolled in the case of a "temporary disability." ( § 1305, subd.

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Cite This Page — Counsel Stack

Bluebook (online)
221 Cal. Rptr. 3d 731, 14 Cal. App. 5th 308, 2017 WL 3476706, 2017 Cal. App. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fin-cas-sur-inc-calctapp5d-2017.