People v. The North River Ins. Co.

I. BACKGROUND

Bad Boys Bail Bonds posted a $200,000 bail bond for criminal defendant Miguel Angel Quinones-Arias. North River was the surety on the bond. Under the terms of the bond, North River guaranteed the defendant’s appearance in the criminal matter in the trial court. The defendant did not appear at a plea hearing on December 17, 2018. The trial court declared the bond forfeited and issued a $200,000 bench warrant. A notice of forfeiture was mailed to appellants on January 10, 2019, advising that the forfeiture would become final on July 14, 2019 (180 days plus five days for mailing) unless the defendant is surrendered to the court or to custody. On July 8, 2019, Bad Boys moved the trial court to toll the 180-day period based on temporary disability (Pen. Code, § 1305, subd. (e)), or alternatively to extend the time to return the defendant to court. (Pen. Code, § 1305.4.) The bail agent argued that the defendant’s detention and deportation from the United States constituted a temporary disability under Penal Code section 1305, subdivision (e). The defendant had returned to Mexico while under the physical custody of ICE officers and was living in Guadalajara. The bail agent…