Posted 8/18/2015

In People v. Financial Casualty & Surety, Inc., 2015 WL 4750831 (Cal.App. August 12, 2015) the surety moved in the trial court for a second extension of the appearance period.  The trial court denied the motion, and the surety appealed.  The Court affirmed the trial court based on the lack of facts to show a reasonable likelihood the defendant would have been recovered if additional time were granted.  The Court also held that a tolling of the appearance period pursuant to Penal Code §1305(h) was not justified since the defendant was never detained or identified by law enforcement officials in a foreign jurisdiction.

The facts of the case also presented the issue of whether the appearance period can be extended beyond 365 days from the mailing of the forfeiture notice.  The Court did not need to decide that question but nevertheless expressed “serious doubt” that such an extension would be permitted.  The Court reasoned that notwithstanding the provision of Penal Code §1305.4 that an extension not exceed 180 days from the court’s order, the maximum appearance period was 365 days from the mailing of the notice.  After reviewing several reported cases, the Court concluded, “the 180-day extension authorized by section 1305.4 is to be measured from the date the exoneration period would have expired in the absence of an extension, rather than from the date the court granted the extension; or, in other words, 365 days from the mailing of the notice of forfeiture.”  [Published].