People v. American Surety Insurance

American Surety Insurance Co. (Surety) appeals from the trial court’s order denying its motion to vacate forfeiture and exonerate the bail it posted for Alan Rodriguez Quintero. (Pen. Code, § 1305.) The bail was forfeited when Quintero, who was deported to Mexico by federal immigration authorities, did not appear at his preliminary hearing. Surety contends the order of forfeiture should be vacated because federal immigration laws prevented Quintero’s legal return to the United States, making Surety’s performance of the bond impossible. We agree and reverse. “The law never requires impossibilities.” (Civ. Code, § 3531.) Notions of fairness, common sense, and the rule requiring us to construe the statutory scheme against forfeiture (see, e.g., People v. Bonding Ins. Co. (1971) 5 Cal.3d 898, 906 [ 98 Cal.Rptr. 57 , 489 P.2d 1385 ]), compel this result.

Facts

Quintero was arrested for a drug-related offense on June 26, 1998. Surety posted a $20,000 bail bond for him the same day, after Quintero presented a California driver’s license, Social Security card and a resident alien registration card. On August 5, 1998, Quintero appeared for arraignment and was ordered to return…