County of Los Angeles v. Nobel Insurance

Good Law
101 Cal. Rptr. 2d 320·2000 Cal. App. LEXIS 863·2000 Daily Journal DAR 12001·84 Cal. App. 4th 939·2000 Cal. Daily Op. Serv. 9050
Court of Appeal of CaliforniaNovember 9, 2000B126448California1,956 words

Opinion

Opinion

Hastings, J.

Surety appeals from an order denying its motion to vacate summary judgment on a bail bond, contending, among other arguments, that the court lost jurisdiction to enter summary judgment 90 days after the expiration of an extended 180-day period provided by Penal Code sections 1305 and 1305.4. We disagree. Surety filed a timely notice of motion to exonerate the bond and pursuant to subdivision (c)(4) of section 1305, the court found good cause to extend hearing of this motion until January 15, 1998, at which date the motion was denied. Summary judgment was entered within 90 days from the date of the denial of the motion.

Background

Appellant Nobel Insurance Company executed a bail bond, which was posted for the release of a criminal defendant. On September 25, 1996, the defendant failed to appear for trial and the court ordered his bail forfeited. Notice of forfeiture was properly served on appellant and its bail agent on October 2, 1996. The 180-day period for the surety to move to vacate the forfeiture and exonerate the bond, pursuant to section 1305, was extended by the trial court for an additional 180 days, to September 27, 1997.

On September 26, 1997, appellant…

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