People v. Allegheny Casualty Company CA4/3

FACTS

In September 2022, Allegheny Casualty Company (Allegheny) through its agent, Don’s Bail Bonds, posted bond for the release of a defendant from custody. On his release from custody, the defendant was given notice to appear in court on October 26, 2022. On October 3, 2022, the Orange County District Attorney’s Office prepared a letter notifying the defendant a criminal complaint had been filed and he needed to appear on

2 December 14, 2022, to enter a plea of guilty or not guilty (the DA notice). The 1 DA notice did not reference the October 26, 2022 court date. On October 26, 2022—the appearance date shown in both the bail bond and the Orange County Jail receipt—the trial court called the defendant’s case. The court noted that, although a letter had been sent with a future date, the “[d]ate on bond is for today.” The defendant did not appear and no one appeared on his behalf. The court declared the bond forfeited and issued a warrant. Notice of the forfeiture was mailed on October 27, 2022. Subsequently, the trial court granted an extension of the forfeiture period to November 1, 2023. Allegheny filed a motion to vacate the forfeiture and exonerate bail on November 1, 2023.…