People v. American Bankers Insurance Co. of Florida

American Bankers Insurance Company of Florida (hereinafter, the Surety) appeals from two orders in which the superior court denied its motions to vacate the forfeiture of its bail bond and exonerate the Surety. After consolidating the appeals for decision, we affirm.

Factual and Procedural Background

On February 9, 1988, the Surety filed its bail bond in the sum of $40,000 on behalf of Mr. Dyer, the defendant. That bond was declared forfeited (first forfeiture) on July 8, 1988, when the defendant failed to appear for a trial status conference. The same day, the clerk of the court gave notice of that forfeiture by mailing a copy to the Surety and to its bail agent, Law- ton’s Bail Bonds (Lawton), as required by Penal Code section 1305, subdivision (a).

On July 21, 1988, the defendant appeared in court with counsel, and requested that the forfeiture be set aside and the bail reinstated. That motion was denied, but another hearing was set for August 3, 1988, to permit defense counsel to make a more complete showing as to why there was good cause for the defendant’s failure to appear.

That hearing was conducted on August 1, 1988, having been advanced at the request of…