People v. Frontier Pacific Insurance

In this bail forfeiture proceeding, the trial court denied the motion of appellant Frontier Pacific Insurance Company to vacate a bail forfeiture after the Los Angeles District Attorney’s Office failed to initiate extradition proceedings against criminal defendant Jose Luis Cortez (Cortez), who had absconded to Mexico. The trial court ruled that appellant had failed to meet the requirements of Penal Code section 1305, subdivision (g). We concur with the trial court, and affirm the judgment.

On September 3, 1996, Cortez’s bail, secured by a $25,000 bond posted by Amwest Surety Insurance Company, was forfeited when Cortez failed to appear in court. After fleeing the jurisdiction, Cortez was located in Mexico by Glenn Pamess, Cortez’s friend and the bail bond indemnitor, and Maria Castro, a private investigator employed by the bail agent. Cortez refused to return to the United States for trial. However, he agreed to accompany Pamess and Castro to a notary public, to permit them to obtain a declaration verifying Cortez’s identity and location in Jalisco, Mexico for purposes of exonerating the bail bond pursuant to section 1305, subdivision (g). A notary public took Cortez’s…