California v. Financial Casualty & Surety
Annotate this CaseFinancial Casualty & Surety, Inc. (Surety) provided a $30,000 bail bond for a criminal defendant who failed to appear in court as required, triggering the court to declare a forfeiture of the bond. When Surety failed to vacate the forfeiture within the statutorily specified “appearance period,” the court entered summary judgment against Surety in the amount of the bond. Surety argued on appeal that the trial court prematurely entered summary judgment because an emergency rule adopted by the Judicial Council in response to the COVID 19 pandemic (Emergency rule 9), which tolled “the statutes of limitations and repose for civil causes of action,” also tolled the appearance period for vacating forfeitures of bail bonds. The Court of Appeal disagreed and affirmed the judgment.
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