People v. American Surety Insurance

Good Law
101 Cal. Rptr. 3d 286·178 Cal. App. 4th 1437·2009 Cal. App. LEXIS 1800
Court of Appeal of CaliforniaNovember 9, 2009G040720California1,248 words

Opinion

Opinion

Bedsworth, J.

American Surety Insurance Company (American Surety) appeals from judgment for the People forfeiting bail after a motion to set aside the forfeiture was denied. It argues the trial court lost jurisdiction to forfeit bail when the case was not called on the date set for arraignment by the jailer, and there was no jurisdiction on a later arraignment date set by the district attorney. We agree and reverse.

FACTS

On September 26, 2007, American Surety posted a $20,000 bail bond for the release of Abel Perez on drug possession charges. Perez was ordered to appear on November 1, 2007. There is no record of what transpired on that day—nothing to indicate whether the case was on calendar, whether it was called, or whether Perez was present.

On November 9, 2007, a complaint was filed, along with an arraignment letter from the district attorney to Perez. The letter, entitled “Notice of Complaint Filed” and dated November 8, 2007, said a complaint had been filed and “you are hereby notified to appear” to enter a plea on November 29, 2007. No proof of service appears in the record, nor any other evidence the letter was mailed or received.

Perez failed to appear and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.