People v. Bankers Insurance Company CA4/1

I. INTRODUCTION

When a defendant released on bail fails to appear for a required court appearance, the trial court must immediately order the bail forfeited or the court loses jurisdiction to later declare a forfeiture after a future failure to appear. (See People v. Safety National Casualty Corp. (2016) 62 Cal.4th 703, 709 (Safety National); Pen. Code,1 § 1305, subd. (a) (§ 1305(a)).) Bankers Insurance Company (Surety) posted a $50,000 bail bond to secure the pretrial release of criminal defendant Kristin Royce. When Royce failed to appear for her preliminary hearing, the trial court declared the bond forfeited. Surety moved to vacate the forfeiture and exonerate bail on the ground that the trial court lost jurisdiction to order the forfeiture by failing to immediately do so when Royce unjustifiably failed to appear for three earlier hearings. The trial court denied the motion, concluding that under section 977 (which allows a defendant to waive his or her right to be present at certain proceedings) Royce properly appeared through counsel at the prior hearings and, therefore, the court retained jurisdiction to order the bond forfeited. The court entered summary judgment…