Swink

Zola B. Swink appeals an order denying her motion for discharge of forfeiture of cash bail she had posted to guarantee the municipal court appearance of an acquaintance. She contends the trial court erred because (1) failure to conform to the procedural requirements of former Penal Code section 1305 compels discharge; (2) the forfeiture in this manner violated her right to due process of law (5th, 14th Amends. to U.S. Const. and Cal. Const., art. I, §§ 7, 15); (3) the municipal court should be estopped from relying on the filing time limits of section 1305; and (4) general principles of contract law require discharge of the forfeiture. We reverse because Swink was denied procedural due process in that the notice she received was not reasonably calculated to inform her of the underlying statutory procedural scheme to obtain a discharge of forfeiture, especially the governing jurisdictional period of limitations.

Factual and Procedural Background

On November 21, 1981, Swink deposited $5,000 in cash in lieu of a bail bond pursuant to section 1295, to guarantee defendant Mario Linarez’ appearance. When Linarez failed to appear for his preliminary hearing, cash bail was…