People v. Smith

Real parties in interest and appellants Dennis Hale and Hale Bail Bonds (collectively Hale) appeal from an order of the superior court directing Hale to return a bail bond premium to defendant and respondent James Smith, aka Marvin Alston (Smith).

Good cause for surrender under Penal Code section 1300 is not limited to a defendant’s failure to appear or violations of a court order. Further, to constitute good cause, the failure to appear or violations of a court order need not have occurred in any particular department or division of the court.

Because the trial court abused its discretion in ordering the return of the premium, the order is reversed.

Factual and Procedural Background

On June 9, 1984, Hale posted bail on Smith’s behalf in four criminal cases: one in Division 50 of the Los Angeles Municipal Court, one in Department 117 of the Los Angeles Superior Court, and two in divisions of the Los Angeles Municipal Court in Van Nuys. Subsequently, Hale received notice from the clerk of the Los Angeles Municipal Court that Smith had failed to appear as required in Division 50.

Hale attempted to contact Smith without success, and hired investigators who located Smith…