People v. Seneca Insurance

Seneca Insurance Company (Seneca), a bail surety, seeks relief from an order of bail forfeiture. Notice of the order was given by the trial court as required by law to both the surety and to the agent whose name appears on the bond. (Pen. Code, § 1305, subd. (b).) Seneca sought an extension of the 185-day period in which the defendant could be returned to custody in order to avoid the forfeiture (§ 1305.4), contending that the notice of the forfeiture order was belatedly received by an agent whose name did not appear on the bond. The defendant was returned to custody while Seneca’s motion was pending, but after the initial 185-day period had expired. The trial court denied the motion on its finding that Seneca’s failure to timely notify its agent of the forfeiture did not constitute good cause for an extension of the time to return the defendant to custody. Seneca contends the court abused its discretion in denying the motion, and that in any event bail must be exonerated because the trial court failed to toll the 185-day period while the defendant was in custody, as required under section 1305, subdivision (e).

We conclude that the record is insufficient to demonstrate…