People v. Ranger Insurance

Ranger Insurance Company seeks relief from an order forfeiting bail on the grounds that the bond it issued in this matter was void from the outset. We find this contention without merit and affirm the order.

I

FACTS

On February 7, 2004, Frederick Hoisington was arrested by the Huntington Beach Police Department for a violation of Health and Safety Code section 11377, subdivision (a) (possession of a controlled substance) and on a fugitive felony warrant for Maricopa County, Arizona, for one count of aggravated domestic violence. On February 19, the district attorney filed a fugitive criminal complaint pursuant to Penal Code section 1551. At arraignment, bail was set at $50,000.

On March 4, 2004, Ranger Insurance Company (Ranger) issued a $50,000 bail bond for Hoisington. This bond was not labeled as a “fugitive” bail bond. Hoisington appeared in court the next day, the bail was deemed sufficient and the court ordered the defendant to appear on March 15. On March 15, when the defendant failed to appear in court, the bail was declared forfeited. Notice of forfeiture was mailed on March 16.

Summary judgment was entered on November 16, 2004, with notice mailed on…