People v. Ranger Insurance

This appeal is by Ranger Insurance Company (Ranger) from an order denying its motions to discharge the forfeiture of two bail bonds which Ranger had posted on Andrea Gonzales and James Martinez, defendants in a criminal case.

On November 1, 1990, Andrea Gonzales, James Martinez and Fernando Valencia were charged in a criminal complaint with a violation of Health and Safety Code section 11352 (transportation or sale of a controlled substance). Ranger posted bail bonds for both Gonzales and Martinez. After several continuances, all the defendants were ordered to court to stand trial on May 20, 1991. Only defendant Valencia appeared.

The following colloquy occurred regarding the other two defendants:

Though the court did not verbally declare a forfeiture of bail, on the minutes for May 20th, as to Gonzales, a box is checked near the printed words “Bail., If Posted, Forfeited[.]” Likewise as to Martinez, there is a handwritten notation “Bail forfeited." The notices of orders forfeiting bail were mailed to Ranger on May 29, 1991. Ranger filed motions to vacate forfeiture and exonerate bail. The basis of its motion was that, because the court did not declare the forfeiture in open…