People v. Aegis Security Insurance

Aegis Security Insurance Company (Aegis) appeals from an order denying its motion to set aside a judgment and discharge an order forfeiting a bail bond relating to a client who failed to appear in the underlying criminal case. Aegis contends the court lacked jurisdiction to enter judgment against it because the notice of forfeiture incorrectly listed the date of the actual order of forfeiture. We conclude this error did not deprive the court of jurisdiction to enter judgment and affirm the order, but remand the matter to the superior court to amend the judgment nunc pro tunc to state the correct date of forfeiture. We further grant, in part, respondent’s request for judicial notice.

FACTS

The defendant in the underlying criminal case, Son Dinh Pham, failed to appear for a mandatory court appearance on February 27, 2003, after being released on $150,000 bail. Pham had been in court that morning, but he apparently could not be located when the case was called later in the afternoon. The court told Pham’s attorney, “I have to forfeit his bond, he’s not here. That’s by statute.” After granting the attorney’s request for a brief recess to try to contact Pham, the court…