Motion to Set Aside Summary Judgment on Bond Forfeiture (Judge Pauline Maxwell)

County of Santa Barbara vs Financial Casualty & Surety Inc

Tentative Ruling: The court continues the hearing on defendant Financial Casualty & Surety, Inc.?s Motion to Set Aside Summary Judgment on Bond Forfeiture to June 6, 2018, at 9:30 a.m. Defendant shall serve notice of the continued hearing no later than May 9, 2018. If the motion is not timely served before the June 6 hearing, the court will deny the motion.

Background: On November 17, 2016, in?People v. Dagoberto Castro, Jr., 1493890 (the ?criminal case?), Financial Casualty & Surety, Inc. (?Surety?) filed Bail Bond #FCS101702925 in the amount of $10,000. The docket and records of the criminal case reveal the following activity:

On April 28, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On May 23, 2017, pursuant to Penal Code ? 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to the bail agent, Bail Hotline Bail Bonds (?BHB?) and Surety at the addresses listed on the bond. (Surety says this was not found in the court?s docket for the criminal case, but it does appear on the docket and in the file.)

Nothing happened from May 23 to December 7, 2017, when the court sent a bail bond demand letter to BHB and Surety. (The amount stated in the notice of forfeiture and the demand letter was $20,000, though the court cannot find record of bail set in that amount or a bond issued in that amount.) A summary judgment packet was sent to the civil department of the court on February 23, 2017.

On February 27, 2018, this court entered summary judgment in the amount of $20,000, pursuant to Penal Code ? 1306(a) and, on that date, the clerk mailed notice of entry of that judgment to BHB and Surety.

Motion: April 6, 2018, Surety filed and served its motion to vacate the summary judgment on the ground that neither BHB nor Surety received the notice of forfeiture. The notice of motion set a hearing date of May 2. The motion was not timely served. Surety served the motion by mail on April 6, 2018. A motion must be served 16 court days before the hearing, plus five calendar days if it is mailed. CCP ? 1005(b). April 10 was the 16^th?court day before the May 2 hearing date, so notice should have been mailed on or before April 5.

To afford plaintiff County of Santa Barbara the statutorily required notice of the hearing, the court continues the hearing on defendant Financial Casualty & Surety, Inc.?s Motion to Set Aside Summary Judgment on Bond Forfeiture to June 6, 2018, at 9:30 a.m. Defendant shall serve notice of the continued hearing no later than May 9, 2018. If the motion is not timely served before the June 6 hearing, the court will deny the motion.