People v. Accredited Surety & Casualty Co.

The trial court denied defendant Accredited Surety and Casualty Co., Inc. (Accredited), an extension of time to vacate the forfeiture of a bail bond under Penal Code section 1305.4. On appeal, Accredited contends the trial court erred because Accredited showed it made a reasonable attempt to locate the defendant whose release was secured by the bond. We conclude the trial court abused its discretion in determining there was no showing of good cause to extend the time period, so we reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On March 26, 2004, Accredited posted a bail bond in the amount of $100,000 to secure the release of Gregory Lee Thomas from custody. After pleading no contest to a charge of possession of cocaine base for sale, Thomas failed to appear at a sentencing hearing on July 21, 2004. The trial court declared the bail bond forfeited. The clerk mailed , a notice of forfeiture to Accredited on July 29, 2004. The 185th day from the July 29 mailing was January 30, 2005.

On January 26, 2005, Accredited moved to extend the time to vacate the forfeiture pursuant to section 1305.4. Accredited filed the declaration of Herbert J. Tillman, a bail agent, in…