People v. Ranger Insurance

Ranger Insurance Company appeals from an order denying a motion to vacate the forfeiture of a bail bond, and from the summary judgment entered in favor of the People on the forfeiture of that bond. We affirm.

Facts

In 1992, the Ventura County District Attorney charged Channa Pryia Ruberoe with violating Penal Code section 288, subdivision (a). On September 14, 1992, Amwest Surety Insurance Company (Amwest) posted a $10,000 bond for his bail.

Ruberoe was convicted on July 22, 1993, and bail was reset at $75,000. He was remanded into custody pending the posting of bail in the increased amount. On July 24, Ranger Insurance Company (Ranger) posted a $65,000 surety bond for Ruberoe’s release pending sentencing. On August 31, Rube-roe failed to appear at his sentencing hearing and the bail was declared forfeited. (§ 1305, subd. (a).) A notice of forfeiture was mailed to Ranger and its bail agent on September 30, and to Amwest on September 3.* (§ 1305, subd. (b).)

Under section 1305, a surety may obtain exoneration of a bail bond within 180 days of the notice of forfeiture if certain conditions are met. If the bond is not exonerated within this period, the People have 90…