P. v. Seneca Insurance Co. CA1/4
Seneca Insurance Company (appellant) appeals from an order of the trial court granting summary judgment on a forfeiture of bail in favor of San Mateo County. Summary judgment was entered while a motion to toll the appearance period pending extradition of the defendant, pursuant to Penal Code section 1305, subdivision (h) (section 1305(h)), was pending. Appellant contends that because the motion was timely and still pending, the trial court entered summary judgment prematurely. Appellant further contends the judgment is voidable and bail should be exonerated. We agree and reverse the order granting summary judgment with an order remanding the matter to the trial court for entry of an order exonerating the bail.
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