People v. Classified Ins. Corp.

This is an appeal from a summary judgment entered against Classified Insurance Corporation (hereinafter appellant) on November 30, 1983. The summary judgment followed an order of forfeiture of bail pursuant to Penal Code section 1305 when Alberto Venegas Hernandez (hereinafter Hernandez) failed to appear in court on March 25, 1983, at a hearing on a motion filed in his behalf by his attorney to set aside the information pursuant to section 995.

The issue presented is whether Hernandez was lawfully required to be present in court on March 25, 1983, at his motion absent a court order or actual notice of the hearing date, thereby triggering the bail forfeiture provisions of section 1305. We hold that he was not and, therefore, reverse the judgment.

Statement of the Case and Facts

On both January 11, 1983, and January 20, 1983, Hernandez appeared before the Madera County Superior Court, the Honorable Jack L. Hammerberg presiding, for arraignment for violation of section 1203.07, subdivision (a), and Health and Safety Code sections 11350, 11351, 11352 and 11359. On January 20, the court set the trial confirmation hearing for May 2, 1983, set the matter for jury trial on May…