People v. Ranger Insurance

Ranger Insurance Company, the surety on a bail bond, appeals from the trial court’s order granting summary judgment and denying its motion to set aside a forfeiture. On appeal the surety contends that because of certain procedural irregularities in the giving of notice, it should have been released from all its obligations under the bond. (Pen. Code, § 1305.) We agree and reverse.

Statement of Facts

On March 10, 1994, Ranger Insurance Company (Ranger) posted a bail bond for the release of defendant Ignacio Salazar. Ranger is a Delaware Corporation. Ranger’s address on the bail bond was that of its managing agent, Spencer Douglass, in San Diego.

On April 21, 1994, Ranger obtained a restraining order against Spencer Douglass and Ranger served each California county with a copy of the order and a notice that Ranger was no longer writing bail in California and requesting that forfeiture notices be sent to its post office box in Houston, Texas. On August 3, 1994, Ranger wrote the Santa Clara County Clerk that it was resuming bail bond operations in California and reminding the clerk of its new address in Houston, Texas.

Less than three weeks later, on August 22, 1994,…