DISCUSSION

ACI contends, and the County concedes, that the trial court erred in denying the motion to vacate forfeiture. We agree. Section 1305, subdivision (c), provides that when a defendant reappears in court within 180 days of the date of bail forfeiture, the court on its own motion shall direct the order of forfeiture to be vacated and the bond exonerated. (§ 1305, subd. (c)(1).) However, “[i]n lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same

2 bond if both of the following conditions are met: [¶] (A) The bail is given prior notice of the reinstatement. [¶] (B) The bail has not surrendered the defendant.” (§ 1305, subd. (c)(4), italics added.) “Failure to give the surety notice is a jurisdictional defect.” (County of Madera v. Ranger Ins. Co. (1991) 230 Cal.App.3d 271, 279 (County of Madera).) “An order that the surety reassumes its obligations under the bond must name the right surety or it is ineffective.” (People v. Ranger Ins. Co. (1996) 51 Cal.App.4th 1379, 1385.) A court’s failure to follow a “‘strict statutory direction designed for the surety’s protection exonerate[s] the surety. The court thereafter lack[s] jurisdiction either to forfeit the bail or to enter a summary judgment [against the surety].’ [Citations.]” (County of Madera, supra, at p. 279.) Here, the record reflects the court named the wrong surety in its order reinstating the bail bond. Nothing in the record shows that it provided notice of reinstatement to ACI or its agent. Therefore, the court lacked jurisdiction to forfeit bail. The forfeiture order must be vacated. (County of Madera, supra, 230 Cal.App.3d at p. 279.)

DISPOSITION

The order (denying the motion to vacate) is reversed. On remand, we direct the court to enter an order to vacate the bail forfeiture and exonerate bail. ACI shall recover its costs on appeal.

NOT TO BE PUBLISHED.

TANGEMAN, J.

We concur:

GILBERT, P. J. PERREN, J.

3 Von Deroian, Judge

Superior Court County of Santa Barbara

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Law Office of John Rorabaugh, John Mark Rorabaugh and Crystal L. Rorabaugh for Defendant and Appellant. Michael C. Ghizzoni, County Counsel, Maria Salida Novatt, Deputy County Counsel, for Plaintiff and Respondent.