Judge: Matthew C. Braner, Case: 37-2024-00004889-CU-EN-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  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) 37-2024-00004889-CU-EN-CTL PEOPLE OF THE STATE OF CALIFORNIA VS BANKERS INSURANCE GROUP CAUSAL DOCUMENT/DATE FILED:

The court will hear from the parties regarding it comments below.

Although Defendant Bankers Insurance Company requests both that the summary judgment on forfeited Bail Bond No. 5552950734 be set aside and exonerated, the grounds upon which Defendant's motion rests do not allow for exoneration. (Pen. Code, § 1305, subd. (h).) Unless Defendant demonstrates the District Attorney has elected not to seek extradition of criminal defendant Rachel Matoian (Pen. Code, § 1305, subd. (g)), at best the court can only set aside the premature January 29, 2024 summary judgment.

However, even if the court sets aside the summary judgment, the tolled period within which to vacate the bond has already elapsed. The bond was forfeited on May 5, 2023; 180 days from that date is November 1, 2023. The parties stipulated that 'the bail bond be tolled 180 days on grounds that the State of Washington released the defendant from custody despite the warrant and hold by the San Diego District Attorney's office.' Tolling of 180 days means Defendant had an additional 180 days from November 1, 2023 (the original deadline) to return Ms. Matoian to the jurisdiction of the court. 180 days from November 1, 2023 is April 29, 2024, which has already passed.

The court cannot order additional tolling on its own. (Pen. Code, § 1305, subd. (h) ['The court may order tolling for up to the length of time agreed upon by the parties.'].) Consequently, unless Defendant can provide an alternative ground to exonerate the bond, or provide evidence of a further stipulation to toll the 180-day period, the court sees little reason to set aside a summary judgment that can then immediately be reentered.

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