Defendant Philadelphia Reinsurance Corporation's opposed motion to set aside summary judgment on the bail bond forfeiture is DENIED. The People's motion for attorney's fees pursuant to Penal Code section 1305.3, is GRANTED, in the amount of $424.80, which amount is to be deducted from the forfeited bail bond proceeds.
Defendant contends that Emergency Rule 9, enacted during the court closure necessitated by the Covid-19 pandemic, tolled the time within which Defendant had to move to vacate the forfeiture on the bail bond in this case to December 15, 2020, and therefore the Court's summary judgment on that forfeiture in August 2020 was premature. Defendant is incorrect.
Emergency Rule 9 does not apply to bail bond proceedings because a bail bond proceeding is not a "civil cause of action" within the meaning of Code of Civil Procedure section 363, nor is it the type of "special proceeding" encompassed within that rule.
Emergency Rule 9 states that "the statutes of limitations and repo
Hearing Date
January 07, 2021
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Defendant Philadelphia Reinsurance Corporation's opposed motion to set aside summary judgment on the bail bond forfeiture is DENIED. The People's motion for attorney's fees pursuant to Penal Code section 1305.3, is GRANTED, in the amount of $424.80, which amount is to be deducted from the forfeited bail bond proceeds.
Defendant contends that Emergency Rule 9, enacted during the court closure necessitated by the Covid-19 pandemic, tolled the time within which Defendant had to move to vacate the forfeiture on the bail bond in this case to December 15, 2020, and therefore the Court's summary judgment on that forfeiture in August 2020 was premature. Defendant is incorrect.
Emergency Rule 9 does not apply to bail bond proceedings because a bail bond proceeding is not a "civil cause of action" within the meaning of Code of Civil Procedure section 363, nor is it the type of "special proceeding" encompassed within that rule.
Emergency Rule 9 states that "the statutes of limitations and repo