P. v. Bankers Ins.


Filed 3/9/11 P. v. Bankers Ins. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. BANKERS INSURANCE COMPANY, Defendant and Appellant.

H035472 (Santa Clara County Super. Ct. No. CC818552)

1. introduction

Bankers Insurance Company (surety) appeals from the denial of its three-part motion to vacate forfeiture, exonerate a $20,000 bail bond, and set aside a summary judgment. The issue presented by this appeal is whether surety's motion, based on finding the defendant in custody in Nevada, was timely under Penal Code section 1305[1] when it was filed 230 days after the mailing of a notice of forfeiture.
The only part of section 1305 pertaining to motions to vacate forfeiture and exonerate a bond provides in part that â€