P. v. Lincoln General Ins.
Respondent Lincoln General Insurance Company issued a $10,000 bail bond for Michelle Ann Graham. Graham failed to appear, the bond was forfeited, and the trial court entered summary judgment against respondent. Penal Code section 1305 sets forth specific circumstances which allow for the forfeiture to be vacated if the defendant is returned to custody within 180 days of the forfeiture; that period is extended by five days, to 185 days, if the notice of forfeiture is mailed. ( 1305, subd. (b); People v. Ranger Ins. Co. (2002) 101 Cal.App.4th 605, 608.) Respondent subsequently learned Graham had been returned to custody and ordered to appear in court in the underlying case within the 185-day period, and moved to set aside the summary judgment and vacate the forfeiture. Appellant, the People of the State of California, conceded Graham had been returned to custody within the requisite period, but argued respondents motion to vacate was not timely because the motion itself was not filed within that 185 day period. The court granted the motion to set aside the summary judgment, vacated the forfeiture, and exonerated the bond. Appellant contends the court lacked jurisdiction to hear respondents motion because it was not timely filed. Court affirm.
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