People v. Fin. Cas. & Sur., Inc.

*310 In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals two orders denying it relief from the *734 forfeiture of a $150,000 bail bond. The trial court denied FC Surety's bail agent's initial motion to vacate the forfeiture under Penal Code section 980, subdivision (b). 1 The trial court also denied FC Surety's motion to set aside the summary *311 judgment issued when FC Surety failed to exonerate the bond within the statutory period. FC Surety contends it was entitled to tolling of the appearance period under section 1305, subdivision (e); vacation of forfeiture due to defendant's custody and good cause under section 1305.6, subdivision (b); and untimeliness of summary judgment under section 1306, subdivision (c). We agree FC Surety had valid grounds for relief under section 1305.6, subdivision (b), so we reverse.

BACKGROUND

FC Surety, through its bail agent, Bail Hotline Bail Bonds, posted $150,000 bail to secure Carlos Ventura's release from custody in San Francisco.

On September 15, 2014, when Ventura failed to appear in court, the San Francisco Superior Court issued a bench warrant and declared the bond forfeited. Notice of the forfeiture was…