People v. Ranger Insurance

Defendant and appellant Ranger Insurance Company (hereinafter Ranger) appeals from a summary judgment on bail bond forfeiture entered in favor of plaintiff and respondent County of Los Angeles (hereinafter County). Ranger contends the statutory period during which the trial court could enter summary judgment had expired, and the court acted in excess of its jurisdiction.

The Penal Code requires a court to declare the undertaking of bail forfeited if a defendant fails to appear (§ 1305, subd. (a)). 1 If the undertaking is over a specified amount, the clerk must mail notice of the forfeiture to the surety (§ 1305, subd. (b)). Within 180 days of the declaration of forfeiture or the mailing of notice, if notice is required, a surety may move to vacate the forfeiture (§ 1305, subd. (c)(4)). If notice of forfeiture is required to be mailed, the 180-day period is extended five days (§ 1305, subd. (b)). If the period of time specified elapses without the forfeiture having been set aside, the court has 90 days after the date when summary judgment could first be entered within which to enter that judgment against the bond agent; otherwise, the right to do so expires and the bail…