County of Los Angeles v. Fairmont Specialty Group

Fairmont Specialty Group (Fairmont) appeals from the trial court’s order denying its motion to extend the 180-day period to vacate a bail bond forfeiture and to exonerate the bond (Pen. Code, § 1305.4). Fairmont contends the trial court lacked jurisdiction to declare bail forfeited because it failed to order bail forfeited on the date of Antonio Vasquez’s first nonappearance in the case and abused its discretion in denying the motion because Fairmont demonstrated good cause to justify an extension of time. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Proceedings in the Criminal Matter

On February 25, 2006 Fairmont posted a $65,000 bond for the release of Vasquez, who had been arrested on drug charges. The bail bond on its face stated Vasquez was to appear in court on March 3, 2006 to answer charges. There is no record of any court proceedings on March 3, 2006.

A criminal complaint was filed against Vasquez on March 7, 2006, and arraignment was scheduled for March 21, 2006. A transcript of a preliminary hearing was apparently filed on March 20, 2006; a minute order reflects Vasquez was not present in court on this day.

Vasquez appeared in court on March 21, 2006;…