Motion to Vacate Summary Judgment, Reinstate Bond, Extend Time, and Exonerate Bond
People of the State of California v. United States Fire Insurance Company
Motion to Vacate Summary Judgment, Reinstate Bond, Extend Time, and Exonerate Bond
Hearing Date: May 22, 2026
Real Party in Interest Abel’s Bail Bonds (the “Bail Agent”) moves to vacate the summary judgment against it, arguing that it has been diligent in attempting to locate and apprehend the defendant in the criminal case and that there is good cause for the motion. However, the motion is DENIED.
The Bail Agent posted bond number U10-21885751 (the “Bond”) for the release of Joseph Michael Devine in criminal case number 24CR002193. [Exh. F.] On January 13, 2025, the Bond was forfeited because Mr. Devine failed to appear in court. Three days later, the clerk filed the Notice of Forfeiture and, in the relevant part, certified that true and correct copies of this notice were mailed to the Bail Agent and Defendant United States Fire Insurance Company. [Exh. A.] On August 11, 2025, the Bail Agent secured an extension of the original 185-day appearance period, and the criminal court judge issued an order extending the Bond until December 12, 2025. Because the Bail Agent took no action before December 12, 2025, this Court entered summary judgment on January 16, 2026. [Exh. C.]
Penal Code section 1305.4 states that the trial court, upon a motion to extend the initial appearance period, “may order the period extended to a time not exceeding 180 days from its order.” “However, once the period has expired, there is nothing left to extend. Common sense compels the conclusion that a trial court cannot extend a time period that has already expired. We must use common sense when construing a statute.” [People v. American Surety Ins. Co. (1999) 75 Cal.App.4th 719, 727.] “When any bond is forfeited and the period of time specified in [Penal Code section] 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman is bound.” [Pen. Code § 1306, subd. (a).]
It is clear that the Bail Agent took no action before the extended appearance period ended on December 12, 2025. To request another 180-day extension, a motion should have been filed before that date, but it was not. [
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The motion is DENIED. Plaintiff, the People of the State of California, shall prepare the Proposed Order consistent with this Tentative Ruling.
NOTE RE TENTATIVE RULING This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.
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