People v. National American Insurance

After National American Insurance Company (National), the surety of a bail bond, obtained an order vacating the forfeiture of bail and exonerating the bond conditioned on the payment of the costs of returning the defendant to custody, National failed to pay the costs. The municipal court entered judgment against National for the full amount of the bond, and National appealed to the appellate department of the superior court. The appellate department affirmed and certified the case for transfer to this court.

We conclude National’s contentions are without merit and, therefore, affirm.

Municipal Court Proceedings

On October 15, 1992, National was notified Richard Tollefson, a criminal defendant for whom National was a surety of a $10,000 bond, failed to appear in court. Less than four weeks later, the bondsman, Ann Hill Bail Bonds, surrendered Tollefson to the sheriff.

National moved to vacate forfeiture of bail, and the municipal court granted the motion on December 21, 1992, stating relief was conditioned on payment of “ninety-four dollars forthwith.” On December 23,1992, the clerk of the municipal court mailed notice to National of the assessed costs, stating the…