People v. Alistar Insurance

Defendants and appellants Alistar Insurance Company and Ray’s Bail Bonds (collectively, Alistar) appeal from an order denying their motions to extend the 180-day forfeiture period for two bail bonds, and from the summary judgment on bail forfeiture granted in favor of the People of the State of California.

Alistar contends it provided sufficient evidence showing good cause for granting Alistar additional time to locate the defendant, Rodrigo Gamez, and return him to custody. We agree and reject the People’s contention that denial of the motions was justified due to issuance of the bonds without sufficient collateral.

We reverse the order denying Alistar’s motions to extend the 180-day period and the summary judgment entered in favor of the People.

1. Facts and Procedural Background

In February 2002, defendant Rodrigo Gamez was arrested and charged with possessing ammunition in violation of Penal Code section 12316, subdivision (b)(1) (case No. RIF102016). He pleaded guilty to the offense. Gamez also admitted that, by committing the offense, he was in violation of his probation (case No. RIF090296) for convictions in 2000. Alistar issued two bail bonds on defendant’s…