People v. International Fidelity Insurance

International Fidelity Insurance Company (IFIC), surety on a bail bond, appeals from an order denying its motion to set aside a May 7, 1999, summary judgment and exonerate bail. The principal issue on appeal is whether the May 7, 1999, summary judgment was void for premature entry because a previous February 16, 1999, order properly tolled the 185-day period of Penal Code section 1305 for 90 days, or until May 17, 1999. In turn, the timeliness of the February 16, 1999, order depends on whether Civil Code section 11 or Code of Civil Procedure section 12a applies to extend the 185-day statutory period when, as here, the 185th day falls on a holiday.

Factual and Procedural Background

The underlying facts are undisputed. On August 2, 1998, IFIC posted a $50,000 bail bond for the release of felony defendant Juan F. Lopez from custody. On August 10, 1998, Lopez failed to appear in court and bail was declared forfeited. A notice of forfeiture of the bond was mailed on August 12, 1998. The 185th day after such mailing was February 13, 1999, a Saturday and holiday; the following Monday was an official court holiday, when courts were not open for business. Tuesday, February 16,…