County of Los Angeles v. Fairmont Specialty Group

INTRODUCTION

Under Penal Code section 1305, subdivision (g), when bail is forfeited because a defendant has fled the jurisdiction of California, if the local law enforcement agency “elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond . . . .” We hold that when an extradition request would be futile or not feasible, no election can be made, and the forfeiture will not be vacated and the bond not exonerated. We further hold that there is sufficient evidence to support the trial court’s conclusion that it was not feasible for the fugitive to be extradited from Honduras.

BACKGROUND

Defendant and appellant Fairmont Specialty Group (Fairmont) posted a $30,000 bail bond for the release from custody of Carlos Montes, who had been charged with a drug offense—violation of Health and Safety Code section 11351.5 (possession of cocaine base for sale). Violating an order, Montes failed to appear at a hearing, and the bond was forfeited. Fairmont filed a motion to vacate the forfeiture and exonerate the bond on the ground that the prosecuting agency elected not to extradite Montes, a…