People v. Accredited Surety & Casualty Company, Inc.

Accredited Surety and Casualty Company, Inc. (Accredited), was the surety on a $50,000 bail bond issued to secure the release of Todd Russell Sargent from the Stanislaus County jail. The bail was ordered forfeited when Sargent failed to appear in court. During the 180-day exoneration period, Sargent was arrested in Merced County, and the trial court signed an order for his transfer to Stanislaus County. Accredited did not make a motion to vacate the forfeiture and exonerate the bond or to toll the exoneration period. Sargent next appeared in Stanislaus County Superior Court after the exoneration period expired.

After the exoneration period expired, the trial court granted the People’s motion for summary judgment on the bond. Accredited argues that the exoneration period was tolled as a matter of law pursuant to Penal Code section 1305, subdivision (e). 1 We disagree, concluding that Accredited was required to make a motion to toll the exoneration period before it expired.

*1494 FACTUAL AND PROCEDURAL SUMMARY

On August 15, 2008, a $50,000 bail bond was posted by A.J.’s Bail Bonds to secure the release of Sargent from jail in Stanislaus County. Accreditedwas the surety…