County of Los Angeles v. American Bankers Insurance Co.

American Banker’s Insurance Company of Florida (surety) appeals the order denying its motion to vacate the forfeiture of a $10,000 bail bond posted by the surety to secure the release of a criminal defendant.

The defendant failed to appear in court as ordered on July 11, 1986, and a bench warrant issued. On July 18, 1986, bail was forfeited and the bench warrant was released for service. On July 18, 1986, notice of the forfeiture was sent to the surety and his agent by mail.

On October 8, 1986, the defendant appeared in court pursuant to an arrest on the bench warrant. Defendant was remanded to custody in the county jail and remained in custody until January 16, 1987, when he was sentenced.

After 180 days elapsed from the declaration of the forfeiture and on January 21, 1987, a demand for payment of the bond was sent to the surety. On March 13, 1987, the surety moved to set aside the forfeiture and exonerate the bond. On April 2, 1987, the motion was denied. Thereafter, on April 10, 1987, the trial court entered an order for summary judgment on behalf of the county.

The surety contends: “Failure to exonerate bail upon defendant’s reappearance deprived the court of…