People v. Financial Casualty & Surety

Filed 12/21/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078294

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2020-

FINANCIAL CASUALTY & SURETY, 00027208-CU-EN-CTL)

INC.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed. Law Office of John Rorabaugh, John Mark Rorabaugh and Crystal L. Rorabaugh for Defendant and Appellant. Office of County Counsel and Jennifer M. Stone for Plaintiff and Respondent. Financial Casualty & Surety, Inc. (Surety) provided a $30,000 bail bond for a criminal defendant who failed to appear in court as required, triggering the court to declare a forfeiture of the bond. When Surety failed to vacate the forfeiture within the statutorily specified “appearance period,” the court entered summary judgment against Surety in the amount of the bond. Surety argues on appeal that the trial court prematurely entered summary judgment because an emergency rule adopted by the Judicial Council in response to the COVID 19 pandemic (Emergency rule 9), which tolled “the…