People v. American Bankers Insurance

American Bankers Insurance Company of Florida (America), for itself and its agents, appeals from an order denying its motion to set aside summary judgment and to exonerate its bail bond.

Richard Powe, defendant in this matter, was released on a $4,000 bail bond posted by American and Albert Ramirez Bail Bonds. Powe pleaded guilty and a probation and sentencing hearing was set for June 24, 1987. Powe failed to appear on June 24. The minute order for that day reflects that a bench warrant was issued for Powe and held until June 25, 1987. The sentencing hearing was “trailed” to the same day. On June 25, Powe again failed to appear. The minute order states, “Csl. for defendant, Jerome Goldfein, conferred with Court in chambers re: continuance.” The sentencing hearing was continued to July 9, 1987, and the minute order reflects, “Bench warrant hold to remain.” On July 9, 1987, when Powe again did not appear, the court ordered bail forfeited. Notice of forfeiture of bail bond was sent to American and Albert Ramirez Bail Bonds.

On January 15, 1988, summary judgment pursuant to Penal Code section 1306 was entered in favor of the County of Orange (County). On January 28, 1988,…