County of Los Angeles v. Safety National Casualty Co.
Bail was forfeited after a defendant in a felony action failed to appear in court in Los Angeles County. Within 180 days of the bail forfeiture, a person with the same name as the defendant was issued a notice to appear in the Los Angeles case by the Sheriff of San Bernardino County, but the defendant failed to appear on the date in the notice. The trial court denied the surety relief from the forfeiture on the ground the surety failed to file a timely motion relying on Penal Code section 1305, subdivision (c)(3).[1] In so ruling, the trial court chose to rely on the holding in People v. Lexington National Ins. Co. (2007) 158 Cal.App.4th 370 (Lexington I) and rejected the contrary decision of our colleagues in Division Six in People v.Ranger Ins. Co. (2006) 141 Cal.App.4th 867 (Ranger).
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