Co. of Los Angeles v. Financial Casualty & Surety

Filed 9/16/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

COUNTY OF LOS ANGELES, B257660

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BA404239, SJ3898) v.

FINANCIAL CASUALTY & SURETY

INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lia Martin, Judge. Affirmed. Office of the County Counsel, Ruben Baeza, Jr., Assistant County Counsel, and Joanne Nielsen, Principal Deputy County Counsel, for Plaintiff and Appellant. John M. Rorabaugh for Defendant and Respondent. The County of Los Angeles (County) appeals from an order of the superior court granting the motion of Financial Casualty & Surety, Inc. (Financial Casualty) to set aside summary judgment and vacate the forfeiture of a bail bond. The County argues that the defendant was lawfully required to appear in court on the date shown on the face of the bond for purposes of Penal Code section 1305, subdivision (a)(1).1 We conclude that writing the date of the hearing on the bond does not mean the defendant is “lawfully required” to appear for purposes of…