People v. Stuyvesant Ins. Co

In People v. Stuyvesant Ins. Co. (1963) 216 Cal.App.2d 380, the bail agent discovered grounds for relief from forfeiture of a bail bond after the exoneration period had expired and subsequently moved to set aside forfeiture and exonerate bail. (Stuyvesant, supra, 216 Cal.App.2d at pp. 380-381.) The court held that, despite the equities, forfeiture could not be set aside because the bail bondsman did not timely file its motion within the exoneration period. (Id. at p. 381.) The court further held that because the time limits established by section 1305 must be strictly adhered to, the bail agent was not entitled to relief from "'mistake, inadvertence, surprise, or excusable neglect' under section 473." (Id. at p. 382.)