People v. Lexington National Ins. Corp.

—Lexington National Insurance Corporation (Lexington), a surety, appeals the trial court’s order denying its motion to vacate bail bond forfeiture and to reinstate and exonerate a bail bond. We reverse because the criminal defendant’s custody in Virginia constituted a “temporary disability,” within the meaning of Penal Code section 1305, subdivision (e), requiring that the trial court “shall order the tolling of the 180-day period [for vacating forfeiture and exonerating the bond] during the period of temporary disability.”

FACTUAL AND PROCEDURAL SUMMARY

In August of 2007, Lexington posted a $50,000 bail bond for the release from custody of a criminal defendant, Omar Bobadilla, who was charged with one count of arson. The defendant appeared for several court appearances in August and September, but on November 7, 2007, the defendant failed to appear on a scheduled court date. The court promptly mailed to Lexington a notice of forfeiture, noting that Lexington’s “contractual obligation to pay this bond will become absolute” after lapse of the statutory 185-day time period, unless a court orders the forfeiture set aside and the bond reinstated upon a motion satisfying the…