B251223County of L.A. v. Financial Casualty & Surety, Inc.

FACTS

Santana was charged with assault with a deadly weapon (§ 245, subd. (a)(1)) and issuing criminal threats (§ 422). After Financial Casualty posted a $50,000 bail bond, Santana did not appear for arraignment. On August 9, 2012, the court clerk mailed notice of forfeiture of the bond to Financial Casualty. The notice stated that Financial Casualty’s obligation to pay the bond would become absolute on the 186th day following the date of mailing2 unless Santana was surrendered to the court or custody, or Financial Casualty made a motion to vacate the forfeiture. A week before the expiration of Santana’s 186-day appearance period on February 4, 2013, Financial Casualty filed a motion to vacate the forfeiture and exonerate the bond. It cited section 1305, subdivision (d), which provides: “In the case of a

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The appearance period is 180 days, but it is extended to 185 days if the notice is mailed. (§ 1305, subd. (b).) Here, the 185th day fell on a Sunday, so the appearance period was extended to the 186th day.

2 permanent disability, the court shall direct the order of forfeiture to be vacated…