People v. Amwest Surety Insurance

Statement of the Case

Defendant Amwest Surety Insurance Company (Amwest) appeals from an order denying its motion to vacate a forfeiture of bail and exonerate a bond posted by it on behalf of David Rydell Robinson. Amwest claims that the trial court should have exonerated the bond because Santa Clara County authorities made its performance impossible.

We affirm the trial court’s order.

Facts

In its opening brief, Amwest asserts that it posted a $3,OCX) bond to secure the appearance of Robinson, Robinson failed to appear, and the bond was ordered forfeited. Thereafter, on November 20, it moved to set aside forfeiture and exonerate the bond. At the hearing on the motion, the district attorney stipulated that (1) the district attorney was called by the county sheriff and informed that police authorities in Minnesota had located or could locate Robinson, (2) Minnesota authorities were told that extradition would not be sought because of the expense involved; (3) authorities did not relay this information to defendant; and (4) defendant’s bail bondsman would testify that had he known the information, he would have gone to Minnesota, seized Robinson, and returned him to the…