People v. Lexington National Insurance

Lexington National Insurance Company (Lexington) appeals from an order denying its motion to vacate the forfeiture and exonerate a bail bond and from the summary judgment entered in favor of Yolo County. Lexington contends, among other things, that the trial court erred in finding its motion was untimely because it was not filed within 185 days of the mailing of the notice of forfeiture. We disagree and shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Lexington posted bond in the amount of $30,000 for the release of defendant Robert Lewis Marriott in Yolo County case No. 05-1690. Defendant did not appear for sentencing, and the trial court issued a bench warrant and declared the bail forfeited pursuant to Penal Code section 1305. The clerk mailed the notice of forfeiture to Lexington on June 21, 2005.

The 185th day from the date of mailing the notice of forfeiture was December 23, 2005.

On or before December 21, 2005, defendant was arrested in Sutter County and a hold was placed on him in Yolo County case No. 04-6766.

On December 27, 2005, Lexington filed a motion to vacate the forfeiture and exonerate the bond on the ground defendant was “in the custody of [the]…