Posted 11/20/2014

 In People v. American Contractors Indemnity Co., Case No. G50070 (Cal.App. November 7, 2014) the trial court granted the surety’s timely motion for an extension of the initial appearance period.  The defendant was arrested within 180 days of the date the extension was granted but more than 180 days after expiration of the initial appearance period.  The Court stated, “The County says that ‘from its order’ doesn’t mean ‘from the date of its order.’  We cannot agree.  The plain text of section 1305.4 is that – and we choose our words carefully here – the extension the court gives runs from the date the order is made.”  The Court reversed summary judgment against the surety and directed exoneration of the bond.  [Not published].

In Irene v. Seneca Insurance Co., 2014 WL 5812162 (Wyo. November 10, 2014) the defendant was charged with drunk driving.  Upon posting bail, the bail agent signed the Sheriff’s form Release and Hold Harmless Agreement accepting custody of the defendant and agreeing to hold the Sheriff’s Department harmless.  The bail agent drove the defendant to the bail bond office, which was near the bar where the defendant had been drinking, and released him to walk to the bar and get a ride home.  Instead, the defendant met a friend and drove the friend’s truck striking a pedestrian.  The pedestrian and his wife and children sued the bail bond surety, the bail agency and the bail agent.  The trial court denied the defendants’ motions for summary judgment but granted their motion to dismiss for failure to state a claim based on the two year statute of limitations for professional services.  The trial court found that the bail agent was licensed and the professional service statute of limitation applied.  The plaintiffs appealed, and the defendants cross-appealed denial of their summary judgment motions.  The Court reversed the dismissal finding that the allegations in the complaint “do not establish that Mr. Overlie was rendering licensed or professional services when he signed the Natrona County Sheriff’s Office hold harmless agreement and released Mr. Downs from his custody.”  The Court did not reach the issues raised in the defendants’ cross-appeal because denial of summary judgment is not a final, appealable order.  The Court remanded the case for further proceedings.