County of Los Angeles v. Surety Insurance

This is a surety’s appeal from an order of the superior court denying its motion to vacate entry of summary judgment after forfeiture of bail. We find that the court complied with the requirements of Penal Code sections 1305 and 1306, and therefore affirm.

A defendant in a criminal action failed to appear for trial in the Superior Court of Los Angeles County on July 2, 1981. The bail that had been furnished him by appellant was ordered forfeited. Notice of the forfeiture was mailed to appellant on July 9. One hundred eighty days thereafter, on January 5, 1982, appellant filed a motion to vacate the forfeiture on the grounds that the defendant was then in custody in another jurisdiction. The motion papers set a hearing date of January 27, 1982, and declared that the defendant would be produced at the hearing. Following the January 27th hearing, the court entered a minute order stating “statute [Penal Code Section 1305] tolled to April 27, 1982—9 AM.”

On April 27, appellant having failed to produce the defendant, the motion to vacate forfeiture was denied. Seventy-one days thereafter, on July 7, 1982, the court entered summary judgment against appellant for the amount of…