People v. National Automobile & Casualty Ins.

Bad Law
2000 Cal. App. LEXIS 550·2000 Daily Journal DAR 7727·82 Cal. App. 4th 120·97 Cal. Rptr. 2d 858·2000 Cal. Daily Op. Serv. 5789
Court of Appeal of CaliforniaJuly 13, 2000E025091, E025094California2,086 words

Opinion

Opinion

McKINSTER, J.

A surety on two bail bonds appeals from the denials of its motions to set aside the summary judgments entered against it, to vacate the forfeiture of the bonds, and to exonerate it from any liability. We affirm.

Factual and Procedural Background

On June 13, 1996, the National Automobile and Casualty Insurance Company, as surety (Surety), posted two $15,000 bail bonds on behalf of Milton Henry Zobie in two felony actions in which he was charged: People v. Zobie (Mun. Ct. Inyo County, Nos. 96BF0483 and 96BF0495).

In case No. 96BF0483, a preliminary hearing was conducted on July 24, 1996. Zobie was held to answer, and the bail bond was ordered to be “transferred,” presumably to the superior court. On September 18, 1996, Zobie waived his right to a preliminary hearing in case No. 96BF0495. He was held to answer, and his bail bond in that case was also transferred. Upon being transferred to superior court, the municipal court cases were renumbered CR 21890 and CR 22011, respectively, and consolidated for trial.

The defendant failed to appear for trial on June 3, 1997, as ordered. The trial court declared the bail forfeited on that date. (Pen. Code, § 1305, subd. (a)(2).)…

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