People v. SAFETY NATIONAL CASUALTY CORP.

Defendant and appellant Safety National Casualty Corporation (the surety) appeals the trial court’s denial of its motion to set aside forfeiture of a bail bond and to exonerate bail. The surety contends that the trial court lost jurisdiction to declare the forfeiture because it contends that the clerk failed to give notice of the forfeiture as required. For the reasons that follow, we reject the surety’s contention and affirm the court’s order.

FACTS AND PROCEDURAL HISTORY

On November 2, 2006, the surety posted a $100,000 bond for the release of defendant Herminio Barba. Barba made a number of court appearances after his release on bail. On November 9, 2007, Barba failed to appear in court and the court declared the bond forfeited. A notice of forfeiture was mailed on November 13, 2007, well within 30 days after the declaration of forfeiture.

On May 8, 2008, the surety filed a notice of motion to vacate the order of forfeiture, on the ground that it did not receive notice of the forfeiture. In support of its motion, the surety presented an affidavit of Bill Martin, as the surety’s attorney in fact (and notarized by J.A. Jasperson), that “Safety National Casualty…