People v. The North River Ins. Co. CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 8, the Santa Clara County District Attorney filed a complaint charging Mejia with felony possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 1),2 felony possession of a controlled substance (methamphetamine) for sale (Health & Saf. Code, § 11378; count 2), and felony possession of ammunition by a felon (§ 30305, subd. (a)(1); count 3). The complaint further alleged that Mejia had a prior serious felony conviction (§§ 667, subds. (b)–(i), 1170.12) and had served a prior prison term (§ 667.5, subd. (b)). On March 12, North River and its bail agent Bad Boys Bail Bonds posted a bond in the amount of $105,000, to secure Mejia’s release on bail.3 The bail bond noted that Mejia was ordered to appear in court on March 28. Mejia failed to appear at the March 28 hearing and the trial court forfeited bail, issuing a no bail warrant for Mejia’s arrest. At a hearing on April 3, Mejia appeared with counsel. The trial judge opened the hearing by providing a “little bit of [procedural] history,” as follows: “The matter was set for discussion and plea on March 28. The prosecution made a four year offer, and you

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