People v. Continental Heritage Ins. Co. CA2/1

Filed 2/20/26 P. v. Continental Heritage Ins. Co. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B327356

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. OSJ2566) v.

CONTINENTAL HERITAGE INSURANCE COMPANY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Natalie P. Stone, Judge. Appeal dismissed. Law Offices of Edward C. Arthur and Edward C. Arthur for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Keever R. Muir, Assistant County Counsel, Michael J. Gordon and Sanjay A. Athalye, Deputy County Counsel for Plaintiff and Respondent. ____________________________

Continental Heritage Insurance Company (Continental) appeals from the denial of its motion for reconsideration of an earlier denial of a motion to exonerate a bail bond. An order denying a motion for reconsideration is not appealable, and Continental has not timely appealed from the denial of its motion to exonerate the bail bond. Accordingly, we dismiss the appeal.

BACKGROUND On August 27, 2020, Continental posted a $50,000 bail bond on behalf of Rupert Harvey Swain. On November 19, 2020, Swain did not appear in court as required. The trial court issued a bench warrant and ordered bail forfeited. On December 6, 2021, Continental, acting through Acme Bail Bonds, filed a “Notice of Motion to Toll and/or in the Alternative Exonerate Bail Bond Per Penal Code § 1305.” (Some capitalization omitted.) Continental asserted it had located Swain in custody in Georgia, but the Los Angeles City Attorney’s Office had indicated it did not intend to extradite Swain. Continental argued under those circumstances Penal Code section 1305, subdivision (f) required the trial court to vacate forfeiture and exonerate the bond. On February 4, 2022, the trial court denied Continental’s motion. There is no reporter’s transcript of the hearing and the record does not otherwise disclose the reasons for the denial. On February 7, 2022, the trial court entered summary judgment against Continental on the forfeited bond and demanded payment. On February 14, 2022, Continental filed a “Motion for Reconsideration to Exonerate Bail Bond Per Penal Code § 980, 1305, and C.C.P. § 1008.” (Some capitalization omitted.) Continental again argued it was entitled to relief under Penal