People v. Allegheny Casualty Company CA2/7

INTRODUCTION

Allegheny Casualty Company appeals from an order denying its motion to vacate forfeiture and exonerate a bail bond that Allegheny’s agent posted to secure the release of Alfredo Sanchez and from the subsequent judgment against Allegheny. Allegheny argues the trial court lost jurisdiction over the bond by failing to declare a forfeiture under Penal Code section 1305.11 when Sanchez failed to appear for his continued arraignment. Because there was no factual basis for the trial court’s finding Sanchez had a valid excuse for failing to appear, the trial court erred in denying Allegheny’s motion to vacate. Therefore, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Allegheny Posts a Bail Bond for Sanchez, and Sanchez Fails To Appear On February 17, 2021 Allegheny, through its agent Answer Bail Bonds, posted a bond to secure Sanchez’s release from custody. Sanchez was released at 2:23 a.m. on February 18, 2021; the bond ordered Sanchez to appear for his arraignment the same morning at 8:30 a.m. Sanchez did not appear then. At the hearing the trial court stated, “I’m really reluctant to forfeit the bond that [Sanchez] just posted a few hours ago.” The court reset…