Seaview Ins. v. County of Lassen CA3

BACKGROUND

Seaview posted a bond guaranteeing the appearance of Jose Cruz-Ramirez at further proceedings in his criminal case. Cruz-Ramirez failed to appear as ordered at a January 9, 2018 hearing. The trial court ordered bail forfeited and mailed notice of forfeiture the next day. The appearance period was set to expire on July 16, 2018.3 Seaview timely filed a motion to extend the appearance period under section 1305.4. The trial court granted the motion and extended the appearance period to November 16, 2018. On November 13, 2018, Seaview timely filed a second motion to extend the appearance period under section 1305.4, seeking an extension to February 10,

The appearance period is 180 days from the date the notice of forfeiture is mailed, plus five days for mailing the notice of forfeiture. (§ 1305, subds. (b)(1) & (c)(1).)

2 2019.4 On November 29, 2018, the trial court granted the extension to February 19, 2019, eight days beyond the allowable 180 days. On February 19, 2019, Seaview filed a motion to vacate the forfeiture under section 1305, subdivision (g), or to toll the appearance period under section 1305, subdivision (h), as Cruz-Ramirez had been located in…