People of the State of California v. Highfill

CASE NUMBER: 25CV-0208672 Tentative Ruling on Motion to Set Aside Summary Judgment Discharge Forfeiture and Exonerate Bail: Defendant United States Fire Insurance moves to set aside summary judgment, discharge forfeiture, and exonerate bail. No opposition has been filed. Defendant’s request for judicial notice is GRANTED.

Defendant alleges two grounds for the exoneration of the bond. First, they allege that the criminal defendant was referred to probation and by operation of law that the bond was exonerated pursuant to Penal Code § 1195 and People v. Safety National Insurance Co. (2007) 150 Cal.App.4th 11. The moving party is incorrect, as the minute order from January 14, 2025 does not show a referral to probation but rather that there was a delayed sentencing. Defendant has failed to establish grounds for exoneration pursuant to Penal Code § 1195.

Next, Defendant argues that Court failed to forfeit the bond in open court. Penal Code § 1305(a) requires the bond to be forfeited in open court. The February 13, 2025 minute order indicates the bond was forfeited. However, the court transcript shows that the judge failed to declare the bond forfeited in open court. Based on the foregoing, the Court finds that exoneration is warranted pursuant to Penal Code § 1305(a) and People v. Amwest Surety Ins. (2004) 125 Cal.App.4th 547, 550.

The motion is GRANTED. A proposed order was lodged with the Court and will be executed.

PERRY VS. FARMER