People v. United Bonding Insurance

This is an appeal by United Bonding Insurance Company from an order denying its motion to set aside forfeiture of bail which it had posted on behalf of the defendant, Manuel Pedroza, in a criminal action pending in the Superior Court of Santa Clara County. Appellant claims that defendant’s appearance in the Santa Clara court at the time of trial was prevented by his detention in Mexico on criminal charges there, and that Penal Code section 1305 proscribed the forfeiture of bail under such circumstances.

The facts show that the defendant, Pedroza, was charged by indictment with violations of California Corporations Code section 26104, subdivision (a) (selling securities in a manner contrary to provisions of the Corporations Code). He failed to appear for trial in the Superior Court of Santa Clara County on September 23, 1968. The bail that had been furnished him in the sum of $7,500 by appellant was ordered forfeited.

Thereafter on March 21, 1969, the United Bonding Insurance Company, defendant and appellant, moved the superior court to set aside the bail forfeiture on the ground that the defendant Pedroza was physically unable by reason of detention by civil authorities…