C.A. 1st;
A145568

The First Appellate District reversed a judgment. The court held that the trial court erred in denying a surety's motion to set aside summary judgment, discharge forfeiture, and exonerate bail.

Financial Casualty & Surety, Inc. posted bail for Carlos Ventura. On September 15, 2014, Ventura failed to appear in court, and the trial court issued a bench declared the bond forfeited. Notice of the forfeiture was mailed on October 7, 2014. On March 12, 2015, Financial Casualty's bail agent discovered Ventura was in custody in Contra Costa County. The bail agent tried to surrender the warrant issued by the San Francisco trial court and have Ventura held and arrested for the San Francisco case. Twice, the bail agent asked the Contra Costa County Sheriff to run Ventura's identity for active warrants. On both occasions, the Contra Costa County Sheriff found none, in spite of verification the bail agent received from the San Francisco Sheriff that there was an active bench warrant issued by the San Francisco court. On April 3, 2015, the bail agent moved to vacate the forfeiture and exonerate the bond. The bail agent argued the failure to enter the San Francisco bench warrant into the National Crime Information Center as required was a data entry error that prevented Ventura from being arrested for the San Francisco case and required exoneration of liability on the bond.