County of Los Angeles v. Williamsburg National Insurance

Williamsburg National Insurance Company (Williamsburg) appeals from an order denying its motion to extend the 185-day forfeiture period for a bail bond and from summary judgment against Williamsburg on the forfeited bond. Williamsburg contends that the court deprived it of due process and the statutory right to a hearing by denying the motion without a hearing on the day it was filed. We agree that Williamsburg had a statutory right to an oral hearing, and the court erred in depriving Williamsburg of that right. We do not reach Williamsburg’s due process argument. We therefore reverse and remand to the trial court with instructions to vacate summary judgment and hold an oral hearing on Williamsburg’s motion.

FACTUAL AND PROCEDURAL BACKGROUND

On January 18, 2012, Williamsburg executed a $200,000 bail bond, which was posted for the release of a criminal defendant. Following his release, the defendant was scheduled to appear in court on July 20, 2012, for a trial readiness hearing. The defendant failed to appear, and the court ordered the bond forfeited. On July 23, 2012, the court clerk mailed a bail forfeiture notice to Williamsburg. Under the notice and pursuant to…