County of Los Angeles v. Fin. Cas. & Sur., Inc.
Annotate this CaseSantana was charged with assault with a deadly weapon. After FC posted a $50,000 bail bond, Santana did not appear for arraignment. The court clerk mailed notice of forfeiture, stating that the obligation to pay the bond would become absolute on the 186th day following the date of mailing unless Santana was surrendered or FC moved to vacate the forfeiture. Before expiration of the 186-day period, FC moved to vacate the forfeiture, citing permanent disability under Penal Code 1305(d), claiming Santana had been deported to Mexico. The county did not oppose the motion. The motion was called for a hearing on February 22, 2013. FC did not appear. On March 25, the court entered summary judgment on the forfeiture. In April, FC moved to set aside the summary judgment due to its attorney’s (Singer) mistake, inadvertence, surprise or excusable neglect (Code Civ. Proc., 473(b)). Singer submitted a declaration stating that on February 22 he checked in and was told by the clerk that the court had granted the requested order. The court denied the motion as not within 30 days of the 186-day appearance period. The court of appeal reversed, finding that FC established surprise and excusable neglect due to misinformation from a court clerk.
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