Santa Barbara — SC-3045

Source: https://www.santabarbara.courts.ca.gov/system/files/forms-and-filings/sc3045.pdf

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FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.:

ATTORNEY FOR (NAME): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 118 East Figueroa Street CITY AND ZIP CODE: Santa Barbara, CA 93101 BRANCH NAME: Figueroa Division PLAINTIFF: People of the State of California

DEFENDANT: _____________________________________________________________ (PRINT OR TYPE NAME) EX PARTE MOTION TO VACATE BAIL FORFEITURE (PC §1305.2) CASE NUMBER: (INFRACTION & MISDEMEANOR CASES ONLY) NOTICE TO DEFENDANT: The court imposes a non-refundable assessment of $100.00 pursuant to Penal Code §1305.2 to cover the cost of vacating a bail or bond forfeiture. It is waived only in unusual circumstances. Unless waived, you must pay this fee before your bail or bond forfeiture will be set aside. This fee is in addition to any other penalties you may face. If you are also requesting to reinstate CASH BAIL that was posted by anyone other than you, you must attach “CONSENT TO REINSTATE BAIL” signed by the bailor. If you are asking to reinstate a BAIL BOND, you must attach a “REASSUMPTION AGREEMENT” signed by your bondsman.

I hereby request that the court set aside the bail forfeiture that was entered on (date) ____________________. I failed

to apply for or complete traffic school because: (You must be specific and attach all proof. Use additional sheets if needed.)

I hereby request that the court set aside the order to forfeit the cash bail / bail bond that was entered on (date)

_________________________. I failed to appear in court on that date or otherwise comply with the court’s order because: (You must be specific and attach all proof. Use additional sheets if needed.)

Signed “CONSENT TO REINSTATE BAIL”/ “REASSUMPTION AGREEMENT” is attached. I am not requesting a waiver of the $100.00 assessment. I request that the court waive the $100.00 assessment because: (If claiming financial hardship, you must complete Financial Declaration on reverse.) I declare under penalty of perjury under the laws of the State of California that the foregoing is complete, true and correct. Dated: _____________________________________ ______________________________________________ Defendant’s signature ORDER A hearing is scheduled for ______________________ at _________ in Dept. . You must appear on this date. The Motion to Vacate the Forfeiture will be granted upon payment of the assessment in the amount of $_____ by (date) ______________________. The Cash Bail / Bail Bond is reinstated and continued exonerated. The Motion to Vacate the Forfeiture is granted and the assessment fee is waived. The Motion to Vacate the Forfeiture is denied. Defendant must sign up for Traffic School in the Clerk’s Office no later than (date) __________________________ and pay the assessment if ordered above plus additional fees as directed by the clerk. Defendant shall file proof of completion of Traffic School no later than (date) ________________________________ and pay the assessment if ordered above plus additional fees as directed by the clerk.. Other: Dated: ______________________ ______________________________________________ Judge/Commissioner of the Superior Court CLERK'S CERTIFICATE OF MAILING I certify that I am not a party to this cause and that a true copy of the foregoing was mailed first class, postage prepaid, in a sealed envelope addressed as to the parties named above, and that the mailing of the foregoing and execution of this certificate occurred at _______________________, California on (date): ____________________________. Angela Braun, Executive Officer

By , Deputy

SC-3045 [Rev. July 1, 2013] EX PARTE MOTION TO VACATE BAIL FORFEITURE PC 1305.2

EXPARTE MOTION TO VACATE BAIL FORFEITURE - DEFENDANT’S FINANCIAL DECLARATION Name: ______________________________________________ Birthdate: ______________ Phone: _______________ Address: ____________________________________________ City: ________________________ Zip: ____________ CHECK ALL BOXES AND FILL IN ALL BLANKS THAT APPLY TO YOU: Within the last two months I have had no income from any source. Within the last two months I have received less than $700 per month from all sources. Within the last two months I have received $_____________ per month AFDC, SSI, SSP, GR or GA benefit.

Within the last two months I have received unemployment, workers’ compensation, disability, veterans, social
security, retirement and/or other benefits totaling $_____________ per month.
I am self-employed. The nature of my work is ______________________________________.
My gross wage or salary is $ per hour day week month.
I am not married I have no dependents.

I am married. During the last two months, my spouse has had income from work and/or any other source totaling
$________________ per month.
I support __________ dependents whose ages are: _______________

I am a student at . I have or will receive during the current academic year:
Scholarship(s) totaling $ per month quarter semester year.
Student loans and/or grants totaling $ per month quarter semester year.
Work study and other such income totaling $________ per month quarter semester year.
Financial support from parents or others totaling $_________ per month quarter semester year.
My gross monthly income from any and all other sources not listed above is $____________________.

LIST ALL ASSETS: LIST ALL EXPENSES: Auto(s) Make Value Rent or Mortgage $______________________ ____________________________ $________________ Food $______________________ ____________________________ $________________ Child Support $______________________ Cash on Hand $________________ Utilities $______________________ Checking Account(s) $________________ Other Expenses: $______________________ Personal Residence $________________ _______________________ $______________________ Other Real Estate $________________ _______________________ $______________________ Other Assets $________________ _______________________ $______________________ _______________________ $______________________ ____________________________ $________________ _______________________ $______________________ ____________________________ $________________ _______________________ $______________________ ____________________________ $________________ _______________________ $______________________

I declare under penalty of perjury under the laws of the State of California that all of the foregoing is true and that I have no other assets or income from any other source not listed above.

Dated: ______________________________ Defendant’s Signature: _________________________________________

SC-3045 [Rev. July 1, 2013] EX PARTE MOTION TO VACATE BAIL FORFEITURE PC 1305.2