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Name: County of Los Angeles v. Nobel Insurance Company
Case #: B126448
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/09/2000
Subsequent History: Petn. rehg. den. 12/1/00; Petn. rev. den. 1/24/01
Summary

The surety here timely filed a notice of motion to exonerate bond, and pursuant to Penal Code section 1305, subdivision (c)(4), the superior court found good cause to extend hearing of this motion until January 15, 1998, at which time the motion was denied. Summary judgment was therefore entered within 90 days of the denial of the motion, and the superior court did not lose jurisdiction to enter a summary judgment on the bail bond. The 90-day limit started to run after the expiration of the extended 180-day period provided by Penal Code sections 1305 and 1305.4. The surety also failed to establish on appeal that the superior court abused its discretion in denying the motion to set aside the order of forfeiture, or that a more favorable result would have been reached in the absence of the error and that a miscarriage of justice occurred.