Judge: Matthew C. Braner, Case: 37-2023-00028472-CU-EN-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Enforcement Motion Hearing (Civil) 37-2023-00028472-CU-EN-CTL PEOPLE OF THE STATE OF CALIFORNIA VS FINANCIAL CASUALTY & SURETY INC CAUSAL DOCUMENT/DATE FILED:

Defendant Financial Casualty & Surety, Inc.'s unopposed motion to set aside summary judgment on bond forfeiture is GRANTED.

Penal Code section 1305, subdivision (c)(2), states: If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety's or depositor's obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

Here, Defendant conducted an investigation into the whereabouts of it bailee, Manuel Rodriguez (Bond No. FCS50-2513920), because Mr. Rodriguez failed to appear at a November 17, 2022 criminal hearing after he was released on bail. As a result of this investigation, Defendant now presents evidence that Mr.

Rodriguez was arrested on March 7, 2023 within the County of San Diego in in connection with the underlying criminal case and re-bailed with Bail Bounds Bond Number FCS50-2561551. As March 7, 2023 was within 180 days of the order of forfeiture of November 17, 2022, Penal Code section 1305, subdivision (c)(2), was triggered. However, the court did not act on its own motion to direct that the order of forfeiture be vacated, and the bond exonerated. (ROA #1.) As such, Defendant's 'obligations under the bond shall be immediately vacated and the bond exonerated.' (Pen. Code, § 1305, subd. (c)(2).) Accordingly, the July 5, 2023 summary judgment against surety on defaulted bail bond No.

FCS502513920 is vacated, and Bail Bond No. FCS50251392 is ordered exonerated.

The minute order is the order of the court.

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