People v. Amwest Surety Insurance

I.

Amwest Surety Insurance Company, a corporate surety which provided two $5,000 bail bonds for a criminal defendant named Romosky, appeals from the last in a series of orders which effected the forfeiture of both bonds and which required Amwest Surety to pay $10,000 to the People of the State of California. Amwest Surety argues that before the forfeitures were declared it had been released from all obligations under each bond. We agree. Therefore, we reverse with directions to vacate the forfeitures and summary judgment thereon and to exonerate the bonds.

Romosky had been arraigned for probation violations in two matters. The hearings were set for May 29, 1986. In each matter, Amwest Surety provided a $5,000 bail bond for Romosky. He was released from custody pending the hearings. On May 29, he did not appear. The bailiff reported Romosky had telephoned to say he was in another county, his car battery had been stolen, he had no way to get to court, and he needed a continuance for “a week or so.”

The court said: “[Sjince the Defendant fails to appear, the Court is revoking probation as to each instance and ordering that a warrant will issue for the arrest of the…