Minor

Florida resident Steve Minor posted $18,000 cash bail for a California criminal defendant who subsequently failed to appear, resulting in the San Francisco Municipal Court issuing notice of bail forfeiture and loss of the funds. Minor sued the municipal court and the City and County of San Francisco’s controller (together the city) in the superior court, seeking return of the funds. The superior court granted summary judgment in his favor, concluding that notice of the forfeiture was constitutionally deficient. The city appeals, urging lack of subject matter jurisdiction and that the notice was sufficient.

We will affirm.

Background

Minor posted bail in the municipal court on February 1, 1984, for Yohalmo Arbaiza, a defendant charged with various felony sex offenses in People v. Arbaiza (Mun. Ct. City & County of S.F., 1984, No. 672577). Arbaiza failed to appear (evidently for a scheduled Feb. 15 date), and the court issued a bench warrant.

On March 19, the court ordered bail forfeited and the clerk mailed Minor a notice reciting in relevant part, “Pursuant to Section 1305 of the Penal Code, you are hereby notified of an order of the Court this date forfeiting bail. .…