P. v. Ranger Ins. Co.
Filed 4/14/06 P. v. Ranger Ins. Co. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. RANGER INSURANCE COMPANY, Defendant and Appellant. | A106588 (San Francisco County Super. Ct. No. CPF-04-504097) |
Introduction
Ranger Insurance Company (Ranger), surety on a bail bond, purports to appeal from the order of the San Francisco County Superior Court recalling and vacating the court's previous order setting aside the forfeiture of bail and exonerating the bond. In vacating its previous order, the court ruled that the bail remained forfeit and the bond was not exonerated. The trial court did so upon concluding that when Ranger moved for the first time to vacate the forfeiture of the bail and exonerate the bond, the court lacked jurisdiction to grant such relief as the jurisdictional time within which to set aside the forfeiture of the bail had expired. Thereafter, the court granted summary judgment against Ranger for the penal amount of the bond ($150,292.50). Ranger contends that the trial court had jurisdiction to vacate the forfeiture of bail and exonerate the bond and that it abused its discretion in vacating those previous orders. We agree and hence affirm.
Procedural Background
On August 22, 2003, criminal defendant Samuel Lee Jones forfeited bail when he failed to appear in court. Notice was mailed to Ranger and its bail agent, Bad Boy Bail Bonds, Inc. on August 25, 2003. The 185th day after such mailing was February 26, 2004. On February 25, 2004, the bail agent timely moved pursuant to Penal Code section 1305.4[1] to extend the statutory 185-day period within which the court could vacate a forfeiture or exonerate the bail (180 days plus five days for mailing (§ 1305, subd. (b)). The hearing on that motion was set for March 23, 2004. The motion to extend the exoneration period was served on the city attorney as respondent's representative. At the March 23rd hearing to extend the exoneration period, Ranger did not pursue its motion to extend time, but orally moved to exonerate the bail. Ranger presented the court with an â€
