California v. Accredited Surety & CasualtyAnnotate this Case
Accredited Surety and Casualty Co., Inc., the surety on two bail bonds, appealed an order denying its Penal Code section 1305.4 motion to extend the 185-day appearance period, an order denying its Code of Civil Procedure section 1008 motion to reconsider, and the summary judgments on the two bail bonds. On the same day in April 2013, Accredited Surety posted two bonds for the release of Cale Brian Maisano, the defendant in two underlying criminal matters. On November 13, 2013, Accredited Surety filed a motion to extend the appearance period under Penal Code section 1305.4. The trial court found the bail agent had made reasonable efforts to return Maisano to court, but there had been no showing of a reasonable likelihood of apprehension. Accredited Surety had its bail agents appear in court to describe efforts made to find Maisano, and supplemented the record with "new" facts. Accredited Surety’s counsel explained he had advised the surety not to put a great deal of detail in the original motion about how they were going to find Maisano, because the motion became public record, and in the past, counsel had experiences where the information was ultimately communicated to defendants and they were able to further evade capture. The trial court was unmoved by that explanation and denied the motions to extend the appearance period. Upon review of Accredited Surety's appeal, the Court of Appeal found no abuse of the trial court's discretion and affirmed the decision.