People v. United States Fire Insurance Company CA5

FACTS AND PROCEEDINGS

In February 2022, a criminal complaint was filed charging defendant Steven Jay Lozano with attempted murder of an officer of the Ceres Police Department, assault with a deadly weapon—specifically, a vehicle—and other offenses. The complaint also alleged several enhancements relating to convictions in November 2001 and February 2003. On May 12, 2022, Mark Garcia Bail Bonds, acting as the agent for United States Fire Insurance Company (collectively, Surety) posted a $200,000 bail bond for Lozano’s release. The bail bond stated Lozano was ordered to appear in Stanislaus County Superior Court on May 23, 2022, at 8:30 a.m. May 23, 2022 Hearing The certified court reporter’s transcript of the May 23, 2022 hearing sets forth the following as the entirety of the oral proceedings that occurred in Lozano’s case that day:

“THE COURT: I’ll call the case of Steven Lozano, CR-22- 000846. Mr. Lozano is present. This is an AID matter. [¶] And you are substituting in and making a general appearance today?

“MR. WASHINGTON: Yes, Your Honor.

“THE COURT: All right. So AID will be relieved. You are substituting in and making a general appearance. And…