County of Los Angeles v. Financial Casualty & Surety Inc.

Appellant Financial Casualty & Surety Inc. (Financial Casualty) appeals the denial of its motion under Code of Civil Procedure section 473, subdivision (b) asking the trial court to consider a prior motion to vacate forfeiture and exonerate bond that was taken off calendar due to its attorney’s mistake, inadvertence, surprise or excusable neglect. Because Financial Casualty established surprise and excusable neglect due to misinformation from a court clerk, we reverse. The matter is remanded for the trial court to determine if there are grounds to vacate forfeiture and exonerate bond due to a permanent disability under Penal Code section 1305, subdivision (d) because the bailee, Giovanni Santana (Santana), was deported to Mexico and barred from reentry into the United States for 20 years. If there is a permanent disability, the trial court is directed to set aside summary judgment on the forfeiture of Financial Casualty’s bond, and then to vacate that forfeiture and exonerate the bond. Otherwise, the trial court shall deny the motion on the merits.

FACTS

Santana was charged with assault with a deadly weapon (§ 245, subd. (a)(1)) and issuing criminal threats (§…