People v. North River Ins. Co

In People v. North River Ins. Co. (2011) 200 Cal.App.4th 712, the bail agent's attorney failed for excusable reasons to appear at a timely set hearing on a timely filed motion to vacate forfeiture of a bail bond and exonerate bail. (North River, supra, 200 Cal.App.4th at p. 716.) The court took the matter off calendar due to the attorney's non-appearance. (Ibid.) The bail agent promptly discovered that the matter had been taken off calendar, and at the agent's request the court put the matter back on calendar on a date that was still within 30 days of expiration of the exoneration period. (Ibid.) Before the court heard the motion, it entered summary judgment. (Ibid.) The bail agent subsequently filed a motion to set aside summary judgment pursuant to section 473 on the grounds of attorney mistake, inadvertence, surprise, or excusable neglect. (Ibid.) The trial court granted the motion, and the People appealed. The North River court held that the trial court properly considered and granted the bail agent's motion. (Id. at p. 724.) The court stated that while "section 473 may not be used to extend a statutory time period," the trial court did not extend the exoneration period because "the bail agent's motion to vacate forfeiture, and the hearing on that motion, were respectively filed and set within the relevant statutory time frames." (Id. at p. 723.)