People v. Safety National Casualty Corp.
Opinion
Opinion
Gomes, J.
Safety National Casualty Corporation (Safety National) appeals the trial court’s order denying its motion to set aside a forfeiture and exonerate a bail bond posted for the release of a defendant, Sabrina Post (Post). Safety National contends the trial court lost jurisdiction to declare the bond forfeited when (1) the bail bond at issue was exonerated by operation of law upon Post’s reinstatement to probation, and (2) the bail agent failed to receive actual notice of the forfeiture order. As we shall explain, we agree with the first contention and therefore will reverse the order of summary judgment. ■
FACTS
On September 21, 2004, Post pled guilty to a misdemeanor violation of Penal Code section 484, subdivision (a), theft. That same day, the trial court ordered the imposition of sentence suspended pending completion of the terms of her probation, which included performing volunteer work in lieu of a fine, and ordered her to appear on January 18, 2005, to provide proof she had completed the work.
Post failed to appear in court on January 18, 2005, and the trial court issued a $35,000 bench warrant. Post eventually was arrested on the bench warrant. On June 11, 2005, a…