People v. American Contractors CA2/5

Filed 5/14/24 P. v. American Contractors CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B326161

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SJ4672) v.

AMERICAN CONTRACTORS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Natalie Stone, Judge. Affirmed. Office of County Counsel, Dawyn R. Harrison, County Counsel, Richard P. Chastang, Assistant County Counsel, Michael J. Gordon, Deputy County Counsel, for Plaintiff and Respondent. Law Office of Mark Vaughn and Mark Vaughn, for Defendant and Appellant. ___________________________

American Contractors (surety) appeals from the trial court’s order denying its motion to set aside a bail bond forfeiture. We affirm. FACTS AND PROCEDURAL BACKGROUND Abba Bail Bonds, on surety’s behalf, posted a bail bond for defendant Shannon Vega on November 9, 2019. On December 4, 2019, Vega appeared at the arraignment hearing and was ordered to submit to house arrest with ankle monitoring. On January 17, 2020, Vega failed to appear, and the trial court ordered the bail bond forfeited. The clerk mailed a notice of the forfeiture to surety and agent on January 21, 2020, giving surety until July 25, 2020 (185 days) to exonerate the bond by returning Vega to court under Penal Code, section 1305. On July 27, 2020, surety filed a motion to extend the appearance period, which the court granted, extending the period until March 10, 2021. On March 23, 2021, the trial court entered summary judgment on the forfeiture. On April 1, 2021, surety filed a motion to set aside summary judgment, which the court denied on November 19, 2021. On January 3, 2022, surety filed a second motion to set aside summary judgment, under Emergency Rule 9, which the court denied on March 18, 2022. Surety filed two more motions to set aside summary judgment—one on August 9, the other on August 12, 2022—both