People v. Argonaut Insurance

Appellant Argonaut Insurance Company appeals from an order denying its motion to set aside the forfeiture of a bail bond and to exonerate that bond. We affirm.

Appellant issued and filed its bail bond, insuring the appearance of defendant Solorzano. Before the date for his appearance in the trial court, he was deported to Mexico. On his nonappearance, the bond was forfeited; Argonaut filed the statutory motion for relief (Pen. Code, § 1305), which was denied.

Argonaut contends that the fact that Solorzano was deported created such an impossibility as to entitle it to exoneration. In support of that contention it relies on two theories; (1) that, although section 1305 of the Penal Code does not, in terms, include the deportation of a defendant as a ground for exoneration, the case of People v. Meyers (1932) 215 Cal. 115 [ 8 P.2d 837 ], recognized a comparable ground; and (2) that, in any event, it is entitled to exoneration on the statutory ground that Solorzano is “unable to appear due to... detention by civil or military authorities—”

I

In Meyers , the defendant’s presence had been prevented by the action of another county of this state. We need not decide whether…