People v. North River Insurance
200 Cal. App. 4th 712
| Cal. Ct. App. | 2011Background
- Madriles charged with Penal Code §459 on Sept 19, 2008; bail bond posted Sept 25, 2008 for $50,000.
- Madriles failed to appear; court forfeited the bond and issued bench warrant; notice of forfeiture mailed to surety and bail agent; appearance period set at 185 days.
- Bail agent obtained a 1305.4 extension on July 22, 2009; extension granted Aug 25, 2009 to Feb 19, 2010.
- On Feb 9, 2010, bail agent filed a motion to vacate forfeiture/exonerate bond under Penal Code §1305(g) or tolling under §1305(e); Weston retained to appear at hearing.
- Hearing on Feb 23, 2010 was skipped by Weston; matter taken off calendar; later calendared for March 2, 2010; March 1, 2010 summary judgment on forfeiture entered; March 2, 2010 court refused to hear motion as it had been summarily adjudicated.
- April 6, 2010 bail agent moved to set aside summary judgment, discharge forfeiture, exonerate bail under §473; Weston declared failure to receive motion; court found §473 applicable and excusable neglect; June 25, 2010 hearing granted; county filed notice of appeal July 16, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §473 relief is available in bail forfeiture proceedings | Madriles argues §473 applies; relief possible due to attorney mistake; timely petition within appearance period. | County contends §473 not applicable to bail forfeiture; proceedings governed by Penal Code §§1305–1306; summary judgment not subject to §473. | Yes; §473 relief applicable; timely motion within statutory windows; relief granted. |
Key Cases Cited
- People v. Aegis Security Ins. Co., 130 Cal.App.4th 1071 (2005) (strict compliance with bail-forfeiture statutes; disfavors forfeiture; strict construction in favor of surety)
- People v. American Contractors Indemnity Co., 33 Cal.4th 653 (2004) (appearance period and exoneration procedures; context for timely relief)
- Stuyvesant Ins. Co., 216 Cal.App.2d 380 (1963) (limits of §473 relief in bail forfeiture; distinguishable on timing and motion practice)
- Maynard v. Brandon, 36 Cal.4th 364 (2005) (§473 liberally construed; favors merits; but not to extend jurisdictional deadlines)
- Stevens v. Stevens, 268 Cal.App.2d 426 (1968) (consent judgments and §473 applicability; grounds for relief apply to consent judgments)