County of Fresno v. Seaview Insurance Co.

In County of Fresno v. Seaview Insurance Co., 2019 Cal. App. Unpub. LEXIS 1242 (Feb. 21, 2019), a bail bond was posted for the release of a 91-year old arrestee suffering from dementia and stroke-related medical conditions. The arrestee failed to appear for multiple court dates; however, for each failed appearance, the surety notified the trial court that the arrestee was hospitalized. The trial court forfeited the bond, and the surety motioned, unopposed, for the court to reinstate the bond or, alternatively, to exonerate or toll the forfeiture period based on the arrestee's condition. The trial court denied the motion, and judgment of forfeiture was thereafter entered. The surety appealed but only argued that the trial court erred in not tolling the appearance period based on defendant's disability under section 1305, subdivision (e). The appellate court first noted that section 1305 allows for relief due to disability based on "illness, insanity, or detention," but no court decision has addressed what constitutes such disability. The appellate court found, however, that the trial court abused its discretion in failing to consider the arrestee's health, in any way, in its ruling. Accordingly, the appellate court reversed the trial court's order denying the surety's motion and remanded the matter for the trial court to consider the evidence and determine whether the arrestee was either permanently or temporarily disabled. *** This is an unpublished opinion