People v. Ranger Insurance

Ranger Insurance Company (Ranger) appeals from an order of the trial court denying its motion to set aside a forfeiture and exonerate a bail bond posted for the release of a defendant, Miguel Elenes (Elenes), pending the appeal of his conviction. Ranger contends the trial court lost jurisdiction to declare the bond forfeited when (1) it failed to do so on Elenes’s initial nonappearance, and (2) it did not notify Ranger the remittitur had issued until more than two years after it was served on the trial court. As we shall explain, we agree with the first contention and therefore will reverse the order of summary judgment.

FACTS AND PROCEDURAL BACKGROUND

Ranger, through its agent Schaller Bail Bonds (Schaller), posted a bail bond on December 22, 2000, in the amount of $25,000 for the release of Elenes pending appeal of his conviction. The bond requires Elenes to surrender himself in execution of the judgment upon its being affirmed. Attached to the bond is a document from the Tulare County Sheriff’s Department which states that it accepted the surety bond with an appearance date to be set by the court. On February 22, 2002, an opinion was filed in this court affirming…