P.

INTRODUCTION

Bankers Insurance Company (Bankers) appeals from a summary judgment entered on forfeiture of a bail bond, posted to secure the appearance of defendant Flor Garcia, and from an order denying Bankers‟ motion to set aside the summary judgment, discharge forfeiture of bail, and exonerate the bail bond. Bankers argues (1) the trial court‟s noncompliance with Penal Code section 1166 (section 1166) exonerated the bail bond by operation of law and (2) Garcia‟s deportation constituted a permanent disability that entitled Bankers to exoneration of the bond under Penal Code section 1305, subdivision (d). 1 We hold a trial court‟s noncompliance with section 1166 does not exonerate a bail bond by operation of law. We also hold Bankers‟ motion to set aside summary judgment, discharge forfeiture of bail, and exonerate the bail bond was not timely filed under Penal Code section 1305, subdivision (b). We therefore affirm.

BACKGROUND

In March 2010, Bankers posted bail bond No. 555056637-7 for the release of Garcia from custody. Garcia had been charged with felony violation of Health and Safety Code section 11351.5. Bail was in the amount of $30,000.

1 Section 1166 provides: “If a…