People v. Wilshire Insurance

This is an appeal by a bail bond surety (Wilshire Insurance Company) from an order denying its motion to vacate a forfeiture of bail.

The pertinent facts are undisputed:

On April 3, 1974, Wilshire posted a $2,500 bail bond on behalf of defendant in the above entitled action. On July 17, 1974, defendant failed to make a court appearance in superior court as previously ordered. The court forfeited bail and the clerk of the court mailed notice of the forfeiture to Wilshire and its agent. The following day defendant appeared in court with his counsel; the court discharged the forfeiture of the bond and released defendant on the same bond with an order to return on August 28 for trial. On defendant’s failure to appear for trial on August 28, the court ordered the bond forfeited. Oh August 29, the clerk of court mailed notice of the forfeiture to Wilshire and its agent.

On February 19, 1975, Wilshire filed a motion (noticed for hearing on March 3, 1975) to discharge the August 28 forfeiture and to exonerate the bond. The motion was made on the ground that defendant’s failure to appear was excusable and was without collusion or connivance of the surety and on the further…