What is the maximum amount of time a surety has to vacate and exonerate a bond?

California, United States of America


The following excerpt is from People v. Ind. Lumbermens Mut. Ins. Co., G051685 (Cal. App. 2017):

Cases have regularly held that the maximum amount of time a surety may have to vacate the forfeiture and exonerate the bond is 365 daysthe original 185-day appearance period, plus up to 180 days if the court grants a motion to extend the time under section 1305.4. (County of Los Angeles v. Williamsburg National Ins. Co. (2015) 235 Cal.App.4th 944, 951 [surety "could only obtain a maximum extension of 180 days"; surety could file second motion to extend time, but that motion could only seek nine additional days, as 171 days had passed from the court's order on the first motion to extend]; People v. Accredited Surety & Casualty Co., Inc. (2013) 220 Cal.App.4th 1137, 1149 (Accredited Surety) [trial court erred in purporting to extend the appearance period for more than 180 days]; People v. Bankers Ins. Co. (2010) 182 Cal.App.4th 1377, 1380-1381, 1384-1386 (Bankers) [surety filed three motions to extend the appearance period; the court granted extensions of three months, one and one-half months, and six months; the court's later summary judgment was entered too late, but surety was estopped from complaining because its improper request for an extension of time not permitted by statute caused the court's error]; People v. Taylor Billingslea Bail Bonds (1999) 74 Cal.App.4th 1193, 1198 [rejecting contention that "the language of section 1305.4 should be read to permit the trial court to grant an unlimited series of extensions as long as good cause is shown and no single extension is longer than 180 days"].)

Other Questions


Does a court's order for a surety to release a defendant's bond materially increase the surety's risk on the bond? (California, United States of America)
When a defendant for whom a bail bond has been posted fails to appear in court, can the surety that posted the bond challenge the forfeiture of the bond? (California, United States of America)
Does the abuse of discretion standard apply to a denial of a motion to vacate a forfeiture and exonerate a bail bond? (California, United States of America)
In what circumstances have appellate courts upheld a finding that a personal surety bond is not supported by consideration? (California, United States of America)
What is the test for a motion to vacate the forfeiture of a bail bond under the abuse of discretion standard? (California, United States of America)
What is the abuse of discretion test for a motion to vacate a bail bond? (California, United States of America)
How has the court dealt with a motion to exonerate a bond issued against appellant? (California, United States of America)
Does the trial court erred by vacating the default when it vacated the default? (California, United States of America)
Does a defendant have to prove that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of counsel? (California, United States of America)
Does the abuse of discretion standard apply to a motion to vacate the forfeiture of a bail bond? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.