People v. Resolute Insurance

Bail forfeiture case. The People appeal from trial court orders exonerating bail and denying the People’s motion for summary judgment forfeiting bail.

Facts

Resolute Insurance Company, defendant in this proceeding, posted bond for Stanley Howard Saltz. In this case (A-428815) Saltz was charged in July 1972, in a two-count information with attempted arson and burglary. Resolute posted a $20,000 bond for Saltz on these charges. Earlier, in February, Saltz had been charged with several felony drug offenses (A-281890) and Resolute had posted a $3,125 bond.

Saltz failed to appear on the drug charges in September 1972; a bench warrant was issued and bail ordered forfeited.. Saltz also failed to appear on the charges in this case; a bench warrant was issued and bail ordered forfeited on September 26, 1972. Resolute was notified on October 4.

In March 1973, Resolute noticed a motion calendared for March 28 to vacate the forfeiture of Saltz’s bond in the drug case (A-281890). The ground of the motion was that Saltz’s failure to appear “was excusable and/or was without the connivance or collusion of his bail.” Resolute’s declaration was attached, stating that the bondsman had…