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Clerk Denies Bail Agent Bond Extention
In County of Los Angeles v. Ranger Insurance Company, 2006 WL 3060077 (Cal.App. October 30, 2006) the bail agent’s assistant took a timely motion to extend the period to produce the defendant to court and tried to file it, but the clerk erroneously refused to accept the motion and told the assistant that summary judgment had already been entered. By the time the bail agent returned from an out of town trip and learned what had happened, the time to request the extension had expired. The surety moved to vacate summary judgment because the clerk’s actions made it impossible for the surety to secure additional time to recover the defendant. The trial court denied the motion, and the Court of Appeal affirmed, because the assistant could have asked to speak to a supervisor, called the bail agent for instructions, or otherwise acted to overcome the error of the clerk. The clerk did not make it “impossible” to comply with the statute.
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