People v. Ranger Insurance Co.

A trialcourt prematurely entered summary judgment against appellant Ranger Insurance Company, a bail bond surety, before the extended 180-day period provided by Penal Code sections 1305 and 1305.4 had expired. After appellant’s motion to set aside the summary judgment was denied, appellant appealed. We reverse with directions.

Background

On July 2, 1999, a criminal complaint was filed charging Meynor Mejia with two felony counts of possession of narcotics for sale and one misdemeanor count of falsely representing himself to a police officer. (Health & Saf. Code, §§ 11351.5, 11351; Pen. Code, § 148.9, subd. (a).) Bail, set at $30,000, was posted on July 9, 1999. Appellant is the surety on Mejia’s bail bond.

Mejia failed to appear at a pretrial conference on September 15, 1999. The court entered an order of bail forfeiture on that date. The clerk mailed a notice of forfeiture to appellant on September 24, 1999.

Under Penal Code section 1305, if the criminal “defendant appears voluntarily, is surrendered to custody by the bail, or is arrested in the underlying case under enumerated circumstances within 180 days of the date of forfeiture or of date of mailing of the…