County of L.A. v. Financial Casualty & Surety, Inc. CA2/4

BACKGROUND

On February 2, 2013, Financial executed a $30,000 bail bond, which was posted for the release of criminal defendant Dimitri Phelix Brannon. Following his release, Brannon was scheduled to appear in court on February 11, 2013 for arraignment. Brannon failed to appear, and the court ordered the bond forfeited. On February 19, 2013, the court clerk mailed a bail forfeiture notice to Financial. Under the notice and pursuant to Penal Code section 1305,1 Financial had 180 days, plus five days for service by mail—until August 23, 2013—to surrender the defendant to custody or move to set aside the forfeiture. This 185-day period is commonly referred to as the exoneration period.2 On August 15, 2013, Financial filed a motion to extend the exoneration period. Judge James Otto in Department J called the motion for hearing at 8:30 a.m. on August 29, 2013. Financial did not appear, and the trial court took the matter off calendar. Subsequently, the matter was transferred to Judge Lia Martin, who entered summary judgment on the forfeited bond on October 4, 2013. On October 25, 2013, Financial filed a motion to set aside summary judgment on the forfeited bond due to its attorney’s…