People v. Indiana Lumbermens Mutual Ins. Co.

Defendant and appellant Indiana Lumbermens Mutual Insurance Company (the Surety) appeals a postjudgment order denying its motion to vacate summary judgment and forfeiture and exonerate bond.

The defendant, one Laimbeer, failed to appear and bail was forfeited. Some three months later, Laimbeer was surrendered to custody in the underlying case, outside the county where the case is located. (Pen. Code, § 1305, subd. (c)(3).) [1] Under these circumstances, the Surety was not required to file a motion to vacate the forfeiture and exonerate the bond within the 180-day period. ( People v. Ranger Ins. Co. (2006) 141 Cal.App.4th 867, 870-871 [ 46 Cal.Rptr.3d 448 ] ( Ranger ); contra, People v. Lexington National Ins. Co. (2007) 158 Cal.App.4th 370, 374-375 [ 69 Cal.Rptr.3d 738 ] ( Lexington ).) Presented with a split of authority, we follow the Ranger decision rather than Lexington because the Ranger interpretation is supported by the language of the statute and avoids a forfeiture. We hold it was sufficient that Laimbeer was surrendered to custody, outside the county, in the underlying case within the 180-day period. (§ 1305, subd. (c)(3).)

We further conclude the…