People v. Accredited Surety Casualty Co.

A surety on a bail bond appeals an order denying its motion to set aside summary judgment, to discharge forfeiture, and to exonerate the bond. The surety contends it should have been given a 20-day extension to file its motion because it satisfied the “good cause” requirement of Penal Code section 1305.6, subdivision (b). The surety further contends that exoneration is appropriate because the defendant was returned to custody within the 185-day appearance or exoneration period. Specifically, the surety claims the defendant (1) was arrested in Sacramento County on new charges within three months of his nonappearance in Fresno; (2) had a hold from the Fresno County Sheriff placed on him while in jail in Sacramento County; and (3) was convicted and sentenced in Sacramento County and then transferred to state prison where he remains incarcerated.

We publish this opinion because section 1305.6 was enacted recently and its good cause requirement has not been addressed in an appellate decision. Based on the record before us, we conclude the appropriate test for good cause contains an objective component (i.e., reasonableness) and subjective good faith component. In determining…