People v. Harco National Insurance

Harco National Insurance Company appeals from an order denying its motion to set aside a summary judgment forfeiting bail issued when Francisco Gonzalez, a criminal defendant for whom Harco issued a bail bond, failed to appear at his arraignment. (Pen. Code, §§ 1305-1308; all further section references are to the Penal Code.) Harco contends that the trial court erred in forfeiting the bond and denying its motion. We agree, reverse the order and the underlying judgment, and remand for the court to grant the motion, vacate the forfeiture, and exonerate the bond.

FACTS

Harco issued a $30,000 bail bond guaranteeing Gonzalez’s appearance at his September 26, 2003 initial arraignment. On September 26, a Friday, neither Gonzalez nor his attorney, Edward Pacheco, appeared. The trial court stated: “Apparently, Mr. Pacheco has contacted the court and . . . indicated that he cannot appear today and requested that any bench warrant issued be held, [ft] . . . [ft] The bench warrant is issued and held until this coming Monday, September the 29th, pursuant to counsel’s request.”

Pacheco, but not Gonzalez, appeared on September 29. Pacheco said he could not find Gonzalez. This…