People v. Ranger Insurance

Good Law
133 Cal. App. 4th 1000·2005 Cal. App. LEXIS 1676·2005 Daily Journal DAR 12805·35 Cal. Rptr. 3d 253·2005 Cal. Daily Op. Serv. 9384
Court of Appeal of CaliforniaOctober 27, 2005B179578California877 words

Opinion

Opinion

Gilbert, J.

Here we hold that a defendant’s appearance in the office of the clerk of the court is not equivalent to an appearance in court for the purpose of exonerating a bail bond. (Pen. Code, § 1305, subd. (c)(1).) We also hold the clerk of the court has no duty to execute an arrest warrant.

FACTS

Jimmy Palmer was arrested in Ventura County on drug-related charges. He posted a bond in the amount of $55,000 to guarantee his appearance in court. Ranger Insurance Company (Ranger) is surety on the bond.

On January 14, 2004, Palmer failed to appear in court. The court declared bail forfeited and issued a warrant for Palmer’s arrest. Notice of forfeiture was mailed to Ranger on January 15, 2004.

On January 16, 2004, the clerk of the court recalendared Palmer’s appearance for January 20, 2004. A note in the court’s docket report states: “Case on calendar at request of the defendant who appeared at the counter.”

Palmer again failed to appear on January 20, 2004, and has made no other appearance. The court entered summary judgment against Ranger on August 13, 2004, more than 185 days after the mailing of the notice of forfeiture.

On September 7, 2004, Ranger moved to set aside the…

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