People v. Western Insurance

—In this bail forfeiture action, appellant, Western Insurance Company (Western), challenges the trial court’s order denying its motion to vacate the forfeiture and exonerate bail. According to Western, the appearance period for the criminal defendant who fled to India should have been equitably tolled during the extradition process.

As discussed below, equitable tolling is not applicable to the bail bond forfeiture statutory scheme. Therefore, the judgment will be affirmed.

BACKGROUND

Western, through its agent, Aladdin Bail Bonds (Aladdin), posted a $50,000 bond to secure the release of criminal defendant, Jasbir Riar. Riar failed to appear for a hearing on November 25, 2009. The trial court declared the bond forfeited and issued a bench warrant for Riar.

Notice of forfeiture of the bail bond was mailed to Western and Aladdin informing them that unless the order of forfeiture was set aside within 180 days, summary judgment would be entered pursuant to Penal Code 1 section *1029 1306. Upon Western’s motion, the 180-day bail bond forfeiture period was extended to November 24, 2010.

Riar was found in India by Western’s bail agent on September 25, 2010. The bail agent…