Bond Agents Untimely Motion to Set Aside the Forfeiture
In People v. National Auto. & Cas. Ins. Co., supra, 92 Cal. App. 3d 907, the court rejected the People's contention that section 1013 of the Code of Civil Procedure did not apply and held that a bond agent's motion, filed on the 181st day after the court ordered the bond forfeited and the clerk mailed notice of forfeiture, was timely.
The court stated:
"The 5-day extension of Code of Civil Procedure section 1013 is to be added to the 180-day period set forth in Penal Code section 1305 for moving the court to set aside the forfeiture and exonerate bail. the jurisdictional time limit in this case was 185 days." (92 Cal. App. 3d at p. 912, italics added.)
The facts in this case involved a defendant surrendered within the 180-day period and a motion to set aside the forfeiture, which was made on the 181st day. (92 Cal. App. 3d at p. 909.)