People v. International Fidelity Ins. CA1/3

Filed 10/14/22 P. v. International Fidelity Ins. CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A163296 v. INTERNATIONAL FIDELITY (Mendocino County INSURANCE COMPANY, Super. Ct. No. SCUK-CRCR-2017- 89823-1) Defendant and Appellant.

Appellant International Fidelity Insurance Company (Surety) provided a bail bond for a criminal defendant who did not appear in court as required. The trial court declared a forfeiture of the bond, then, when Surety failed to vacate the forfeiture within the statutory “appearance period,” entered summary judgment against Surety. The question before us is whether an emergency rule adopted in response to the COVID-19 pandemic (Emergency rule 9) tolled the appearance period for vacating forfeitures of bail bonds. Following those courts that have addressed this issue in published opinions, we conclude Emergency rule 9 does not apply in these circumstances and accordingly affirm. FACTUAL AND PROCEDURAL BACKGROUND Surety provided a bail bond of $50,000 for a criminal defendant, Matthew Williams. Williams failed to appear in court on June 9, 2020, and

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on June 11, 2020, the trial court notified Surety that its obligation to pay the bond would become absolute on December 14, 2020 unless the court earlier ordered the forfeiture set aside. Before that date, Surety moved to extend the time on the bond as it pursued efforts to locate Williams and return him to court. The trial court extended the time to July 5, 2021. Surety brought a motion to toll the time on the bond on July 1, 2021. It argued that the proceedings were subject to Emergency rule 9, which tolled statutes of limitations for civil causes of action during the COVID-19 pandemic. The trial court denied the motion and ordered summary judgment against Surety on August 5, 2021. Judgment was entered on August 18, 2021. DISCUSSION I. Bail Bond Forfeiture Procedures A bail bond is a contract between the government and the surety under which the surety guarantees the defendant’s appearance in court under the risk of forfeiture of the bond. (People v. Financial Casualty & Surety, Inc. (2016) 2 Cal.5th 35, 42.) “When a person for whom a bail bond has been posted fails without sufficient excuse to appear as required, the trial court must declare a forfeiture of the bond. ([Pen. Code,1] § 1305, subd. (a).) The [185-day period after] the clerk of the court mails a notice of forfeiture (180 days plus five days for mailing) to the appropriate parties is known as the appearance period. (§ 1305, subd. (b).) During this time, the surety on the bond is entitled to move to have the forfeiture vacated and the bond exonerated on certain grounds, such as an appearance in court by the accused. (§ 1305, subd. (c)(1).) The trial court may also toll the appearance period under certain circumstances, or extend the period by no more than 180