Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 1. Bail / ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
California Codes

Cal. Penal Code § 1305.4 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180-day period provided in that section. The motion shall include a declaration or affidavit that states the reasons showing good cause to extend that period. The court, upon a hearing and a showing of good cause, may order the period extended to a time not exceeding 180 days from its order. A motion may be filed and calendared as provided in subdivision (j) of Section 1305. In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to this section as a condition precedent to granting the motion.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2004–2022 · leading case: People v. Fin. Cas. & Sur., 384 P.3d 1226 (Cal. 2016).
Sort: Relevance Newest Treatment
People v. Fin. Cas. & Sur., 384 P.3d 1226 (Cal. 2016). “*39 Penal Code section 1305.4 1 allows the period in which a bail bond may be exonerated by the accused's appearance, normally running 185 days from mailing of a notice the bond has been forfeited (§ 1305, subds.”
People v. Saf. Nat'l Cas. Corp., 186 Cal. App. 4th 959 (Cal. Ct. App. 2010). “) Throughout the entire proceedings, including the initial period of 185 days after the forfeiture, and the extended compliance period of 180 additional days (Pen. Code, § 1305.4), which the trial court did grant, the surety failed to produce the absconding defendant.”
Cnty. of Los Angeles v. Fairmont Specialty Grp., 164 Cal. App. 4th 1018 (Cal. Ct. App. 2008). “Fairmont Specialty Group (Fairmont) appeals from the trial court’s order denying its motion to extend the 180-day period to vacate a bail bond forfeiture and to exonerate the bond (Pen. Code, § 1305.4). 1 Fairmont contends the trial court lacked jurisdiction to declare bail…”
Seneca Ins. v. Cnty. of Orange, 2004 Cal. Daily Op. Serv. 3078 (Cal. Ct. App. 2004). “” (Pen. Code, § 1305.4.) In the instant case, there was no motion filed.”
State v. Vargas, 111 P.3d 621 (Idaho Ct. App. 2005). “See Cal. Penal. Code § 1305.4 (2005); see also People v.”
People v. Cont'l Heritage Ins. Co. CA2/7 (Cal. Ct. App. 2015). · cites it 2× “(Pen. Code, § 1305.4.) “To establish good cause, the surety must demonstrate both due diligence and a reasonable likelihood of recapture.”
People v. Rivera CA2/8 (Cal. Ct. App. 2016). “(surety) appeals from the entry of summary judgment following the trial court’s denial of its motion to extend the period in which the forfeiture of bail for defendant Hector Eduardo Rivera could be set aside (Pen. Code, § 1305.4).1 We affirm the judgment, finding the surety…”
People v. The North River Ins. Co. CA6 (Cal. Ct. App. 2020). “(Pen. Code, § 1305.4.) If the forfeiture is not set aside within the time limit set by the court, “the court which has declared the forfeiture shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman is bound.”
People v. Am. Sur. Co. (Cal. Ct. App. 2021). “(Pen. Code, § 1305.4.)1 The trial court denied the motion.”
People v. Philadelphia Reinsurance Corp. (Cal. Ct. App. 2021). “Penal Code section 1305.4 states: Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180–day period provided in that section.”
People v. The North River Ins. Co. (Cal. Ct. App. 2022). “(Pen. Code, § 1305.4.) The bail agent argued that the defendant’s detention and deportation from the United States constituted a temporary disability under Penal Code section 1305, subdivision (e).”
People v. Am. Sur. Co. CA1/5 (Cal. Ct. App. 2014). “(Pen. Code, § 1305.4; see Pen. Code, § 1305, subd.”
Show all 14 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.