People v. Sue Sarkis Bail Bonds

This is an appeal from order denying motion to tax costs in a proceeding to vacate forfeiture of a bail bond.

Factual and Procedural Background

Sue Sarkis Bail Bonds (Sarkis), as agent of the surety, furnished a bail bond in the sum of $2,500 to secure the appearance of one Ronald Page on a felony charge. On May 23, 1985, bail was ordered forfeited when Page failed to appear for trial without sufficient excuse. On May 28 Page appeared in court and was remanded to custody. On July 12, in response to Sarkis’s motion to vacate forfeiture of bail, the court ordered that upon payment of $50 “costs” before August 30, the order forfeiting bail would be vacated and bail reinstated and exonerated. On August 7 Sarkis noticed a motion to tax costs (Code Civ. Proc., § 1033) on grounds that because no memorandum of costs and disbursements was served and filed there was no basis for the imposition of costs as a condition of vacation of the bail forfeiture and, in any event, such costs are “unreasonable and not properly chargeable.” On August 19 Sarkis’s motion to tax costs was denied. On August 22, pursuant to the order of July 12, Sarkis paid to the clerk of the court the sum of…