People v. National Automobile & Casualty Insurance

This is an appeal by National Automobile and Casualty Insurance Company (National) from denial of its motion to vacate forfeiture of bail and exonerate the bond posted by it on behalf of Roy A. Burkhart. National claims that its performance of surety has been rendered impossible by the refusal of the district attorney’s office to seek extradition of Burkhart from Hawaii after National learned his whereabouts through its own investigative process. We affirm the judgment of forfeiture on the basis that National has failed to take all the legal steps available to it to fulfill its obligation to produce Burkhart in accordance with the terms of their undertaking to do so.

The Facts

National posted a bail bond in the amount of $5,000 for Burkhart, who was charged with a violation of Penal Code section 211, robbery. On August 8, 1977, Burkhart failed to appear for trial in superior court and National’s bond was ordered forfeited. A notice of order forfeiting bail was mailed to National on August 17. Thereafter, National filed a motion to vacate forfeiture and exonerate bond on February 10, 1978, and the motion was argued on March 7. At that time it was brought to the court’s…