People v. Ranger Insurance

[869]

Opinion

GILBERT, P. J.

OPINION ON REHEARING

A defendant is arrested outside the county in which his underlying case is located, within 180 days of notice of his bail forfeiture. Under such circumstances, Penal Code section 1305, subdivision (c)(3), provides that the court shall vacate the forfeiture and exonerate the bail.

1

Here we hold the surety has no time constraints in which to move to exonerate the bond. We reverse the trial court’s denial of the surety’s motion to set aside summary judgment and exonerate the bond brought more than 185 days after the notice of forfeiture.

FACTS

Victor Manuel Guzman was arrested in Ventura County on drug-related charges. In October of 2003, he posted a bond in the amount of $50,000. Ranger Insurance Company (Ranger) was surety for the bond.

Guzman failed to appear for a hearing. The court declared the bond forfeited on November 3, 2003. Notice of forfeiture of the bond was mailed to Ranger on November 4, 2003. On November 4, 2003, Guzman was arrested in Santa Barbara County and held in the Santa Barbara County jail on the Ventura case.

Even though Guzman remained in custody, Ranger did not move to exonerate the bond.

On June 30, 2004, more than 185 days after the notice of forfeiture, the court entered summary judgment against Ranger on the bond.

On July 8, 2004, Ranger made a motion to vacate summary judgment and exonerate the bond. Ranger’s theory in support of its motion is that Guzman’s incarceration in another county required the court to exonerate the bond on its own motion.

DISCUSSION

Ordinarily, a surety must file a motion to exonerate the bond within 185 days of the mailing of the notice of forfeiture. (§ 1305, subds. (b) & (i).)