People v. Bankers Insurance Co.Annotate this Case
In August 2018, Surety posted a $100,000 bond for Lee's release from the San Mateo Jail. On September 13, Lee failed to appear at a scheduled preliminary hearing. The court issued a bench warrant and ordered the bail forfeited. On September 21, the clerk of the court mailed a “Notice of Order Forfeiting Bail” to Surety. On March 25, 2019, Surety moved to vacate the forfeiture and exonerate the bail. Supporting exhibits indicated that Lee was in custody in Alameda County on federal charges and that the San Mateo County District Attorney’s Office had been notified of that detention. Surety argued that the court was required to vacate the forfeiture and exonerate the bail under Penal Code 1305(c)(3) because Lee had been surrendered by the bail agent to local law enforcement agencies; if the district attorney were to choose not to extradite, exoneration of bail was required under section 1305(f); and if the district attorney were to place a hold on Lee, the court should exonerate bail under section 1305(i) and (c)(3). As alternative relief, Surety requested tolling urging that Lee was disabled from appearing in court. The District Attorney elected to extradite Lee.
The trial court denied Surety’s motions. The court of appeal ordered the trial court to exonerate the bond, noting that it failed to timely enter summary judgment and now lacks jurisdiction to enforce the forfeiture.