People v. American Bankers Insurance

American Bankers Insurance Company (appellant) appeals from the trial court’s order denying its motion to vacate a bail forfeiture. In March 1988 American Bankers posted a bail bond for the release of Maria Rivas. On April 22, 1988, Ms. Rivas was arraigned. Ms. Rivas and her attorney were present when the court set the following dates: August 12, 1988, for a hearing on the Penal Code section 995 motion; August 18, 1988, for trial confirmation; and August 29, 1988, for trial. The court did not expressly order Ms. Rivas to be present on any of the above mentioned dates.

Ms. Rivas did not appear on August 12, 1988, the date set for hearing on the section 995 motion. Ms. Rivas failed to appear on August 18, 1988, the date set for trial confirmation. The trial court ordered bail forfeited and notice of the forfeiture was mailed on August 19, 1988. On February 22, 1989, summary judgment on the forfeiture was entered. On August 9, 1989, the superior court denied appellant’s motion to set aside summary judgment and exonerate the bond. American Bankers appeals from the order denying the motion.

Discussion

Appellant asserts the trial court erred in ordering the bond forfeited…