People v. International Fidelity Ins. Co. CA3

BACKGROUND

A bail bond is a contract between the surety and the state. (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 657 (American Contractors).) “ ‘ “In general the state and surety agree that if the state will release the defendant from custody, the surety will undertake that the defendant will appear personally and at a specified time and place. . . . If the defendant fails to appear at the proper time and place, the surety becomes the absolute debtor of the state for the amount of the bond.” ’ ” (People v. Safety National Casualty Corp. (2016) 62 Cal.4th 703, 714-715, italics omitted.) In this case, Surety posted a bail bond in the amount of $50,000 for a defendant charged with possessing an illegal assault weapon, among other crimes. Surety did so after the trial court set bail at $50,000 and, as conditions of release, required “supervision to be established prior to release” and “GPS.” The bail bond provides, among other things, that Surety undertakes that the defendant will hold himself “amenable to the orders and process of the court,” and that if the defendant fails to do so, Surety will pay $50,000 to the People of the State of California. The…