People v. American Contractors Indemnity

*1040 Opinion

I. Introduction

American Contractors Indemnity (American) appeals from an order denying its motion to vacate a forfeiture and to have its bond exonerated pursuant to Penal Code section 1305. 1 The motion sought to set aside the bail forfeiture on the grounds specified in section 1305, subdivision (g). The motion to vacate the forfeiture was denied because only 12 days’ notice of hearing was given. American contends that 12 days’ written notice of hearing on the motion to vacate the bail forfeiture was legally sufficient. American relies on the provisions of section 1305, subdivision (c)(4), which provide that a trial court has the discretion to give the prosecuting attorney up to 10 days’ notice of a hearing on a motion to vacate a bail forfeiture under specified circumstances, none of which apply to the present case and which will be enumerated later in this opinion. The People argue they were entitled to 15 days’ notice of .hearing on American’s motion to vacate the forfeiture pursuant to the provisions of Code of Civil Procedure section 1005, subdivision (b). We conclude the People are correct; when a surety attempts to set aside a bail forfeiture on the grounds…