County of San Bernardino v. Ranger Insurance

Defendant and appellant Ranger Insurance Company appeals after the trial court denied its motion to set aside a summary judgment on bail bond forfeiture and to exonerate the bail. We previously issued an opinion affirming the judgment, but Ranger brought to the court’s attention a change in the law, which became effective while the appeal was pending. We granted rehearing to consider the effect of the change in the law.

Facts

The statement of facts is taken in part from Ranger’s brief on appeal.

Ranger, through its bail agent Pete Brito Bail Bonds, provided bail bond No. RB25-00144904, in the amount of $15,000 on July 10, 1991, for the release of Tommy Turpin (true name is Roger Wayne Turpin) from custody in criminal proceedings. Turpin failed to appear on July 16, 1991, and the bail was declared forfeited. Notice of the forfeiture was sent to the parties on July 22, 1991.

On August 23, 1991, Turpin was arrested by the surety’s agents and surrendered to the custody of the San Bernardino County Sheriff. Turpin appeared in court on August 29, 1991, and trial was set for October 15, 1991. On October 18, 1991, Turpin pled guilty and was sentenced the same day to 16 months…