Cnty of Los Angeles. v. Williamsburg Nat'l Ins. Co.
Annotate this CaseWilliamsburg executed a $200,000 bail bond for the release of a criminal defendant. Following his release, the defendant was scheduled to appear in court on July 20, 2012. The defendant failed to appear, and the court ordered the bond forfeited. On July 23, the court clerk mailed a bail forfeiture notice to Williamsburg. Under the notice and Penal Code, section 1305,1 Williamsburg had until January 24, 2013 to surrender the defendant to custody or move to set aside the forfeiture. Williamsburg moved to extend the exoneration period on January 22, 2013. On February 1, 2013, the court heard the motion and ordered the exoneration period extended 169 days to Saturday, July 20, 2013. On July 22, the first court day following July 20, Williamsburg filed its second motion to extend the exoneration period. It noticed the motion to be heard on August 27. Williamsburg filed the declaration of Investigator Smalls, describing his investigation into the defendant’s whereabouts and stating he was confident that defendant was still in Los Angeles County. The court denied the motion, without a hearing, and entered summary judgment on the forfeited bond. The court of appeal reversed. Williamsburg had a statutory right to an oral hearing.
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