People v. Ranger Insurance

In two appeals that have been consolidated, Ranger Insurance Company (Ranger) challenges: 1) the denial of a motion to extend time to set aside a bail forfeiture; and 2) the summary judgment entered against Ranger on the same forfeiture.

*678 This is a case of first impression. It involves the interpretation of Penal Code section 1305.4, 1 which requires a showing of good cause in order to extend the time in which the forfeiture of a bail bond may be exonerated. We hold that appellate review of section 1305.4 is made under the abuse of discretion standard. We further hold that the trial court’s decision was not an abuse of discretion.

Background

On February 2, 1998, Ranger became the surety on a $75,000 bail bond issued to secure the appearance of Emilio Telles, who was charged with child molestation. Telles failed to appear at a court proceeding scheduled for March 26, 1998, and bail was ordered forfeited. Notice of the forfeiture was properly mailed by the court clerk on April 21, 1998.

On either October 18 or 19, 1998, 2 Ranger moved under section 1305.4 to extend the 180-day statutory period of forfeiture that was about to expire. The basis of the motion was that…