County of Santa Barbara v. American Surety Co. CA2/6

DISCUSSION

“[A] bail bond is a contract between the surety and the government whereby the surety acts as a guarantor of the defendant’s appearance in court under the risk of forfeiture of the bond.” (People v. Ranger Ins. Co. (1994) 31 Cal.App.4th 13, 22.) A court must declare bail forfeited if the defendant fails to appear as required. (§ 1305, subd. (a).) The surety is not without remedy. A 180-day “appearance period” follows in which it can move to set aside forfeiture on certain grounds, such as the defendant appearing in court or the bail agent surrendering him into custody. (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 658, citing § 1305, subd. (c).) The surety may also request an extension of the appearance period for good

3 Emergency rule 9(a), as amended on May 29, 2021, states: “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020.” Emergency rule 9(b) applies to shorter limitations periods. It states: “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that are 180 days or less are…