People v. Surety Insurance

This case comes to us on appeal by Surety Insurance Company of California (Surety), a corporate surety, from a Merced County trial court’s order denying its motion (1) to vacate summary judgment on a forfeited bail bond, and (2) to exonerate the written undertaking. It is appellant’s contention that the trial court lost jurisdiction to declare a forfeiture when it failed to declare the bail bond forfeited and continued the case the first time defendant failed to appear for arraignment for judgment and sentencing. Appellant maintains there is no showing in the record or court minutes that the trial court had “reason to believe that sufficient excuse may [have existed] for [defendant’s] neglect to appear . . .” (Pen. Code, § 1305, subd. (b) ) on June 28, 1983. We agree.

In March of 1983, Marta Amparo Garcia was released on a $2,000 bail bond posted by Surety and Charles Johnson Bail Bonds (hereafter agent) pending her felony burglary trial. Following her conviction, arraignment for judgment and imposition of sentence was set for June 28, 1983.

The court minutes and a brief reporter’s transcript from June 28, 1983, note that Garcia was not present, nor was her appointed…