People v. Continental Heritage Ins. Co. CA2/1

BACKGROUND

On August 27, 2020, Continental posted a $50,000 bail bond on behalf of Rupert Harvey Swain. On November 19, 2020, Swain did not appear in court as required. The trial court issued a bench warrant and ordered bail forfeited. On December 6, 2021, Continental, acting through Acme Bail Bonds, filed a “Notice of Motion to Toll and/or in the Alternative Exonerate Bail Bond Per Penal Code § 1305.” (Some capitalization omitted.) Continental asserted it had located Swain in custody in Georgia, but the Los Angeles City Attorney’s Office had indicated it did not intend to extradite Swain. Continental argued under those circumstances Penal Code section 1305, subdivision (f) required the trial court to vacate forfeiture and exonerate the bond. On February 4, 2022, the trial court denied Continental’s motion. There is no reporter’s transcript of the hearing and the record does not otherwise disclose the reasons for the denial. On February 7, 2022, the trial court entered summary judgment against Continental on the forfeited bond and demanded payment. On February 14, 2022, Continental filed a “Motion for Reconsideration to Exonerate Bail Bond Per Penal Code § 980, 1305, and C.C.P. §…