County of Madera v. Ranger Insurance
Opinion
Opinion
Dibiaso, J.
May the court reinstate a defendant on a previously forfeited bail bond without prior notice to the surety? We answer this question in the negative, and consequently reverse a summary judgment against appellant Ranger Insurance Company (Ranger).
On July 8, 1989, Ranger, through its agent David Weathers Bail Bonds, posted a bail bond in the amount of $6,000 for Jose Luis Villalobos, the defendant in a Madera County Justice Court criminal action. Villalobos was ordered to appear July 21 for a preliminary hearing on the charges. When Villalobos failed to appear on that date, a bench warrant issued and the bond was forfeited. Notice of the forfeiture was mailed to Ranger on July 24. On July 28, Villalobos appeared in court. The forfeiture was set aside and the Ranger bond reinstated. No prior notice of Villalobos’s appearance was given to Ranger, although written notice of reinstatement was subsequently mailed on July 31.
On August 25, Villalobos again failed to appear for the preliminary hearing and the bond was once more declared forfeit. Notice of forfeiture was mailed to Ranger on August 28. Villalobos did not reappear.