People v. The North River Ins. Co. CA4/1

INTRODUCTION

Appellants Bad Boys Bail Bonds (BBBB) and The North River Insurance

Company (North River) contend summary judgment on a bail bond forfeiture should be

reversed and the bond exonerated for two reasons: (1) the criminal defendant Aram

Makinadjian was not required by Penal Code1 section 1305, subdivision (a) to appear on

the date the court declared forfeiture because the matter was called for a continuance

motion rather than for preliminary hearing; and (2) the court did not meet its statutory

obligation to properly declare forfeiture in open court.

We find no merit in either contention and affirm. The first contention fails

because the court ordered Makinadjian to appear at a specific date and time. Therefore, it

is inconsequential whether the matter was called for a motion or for a preliminary

examination. Additionally, since Makinadjian was charged with a felony and did not

execute a waiver of his personal appearance under section 977, he was required to appear

for all proceedings. The second contention fails because the record as a whole shows the

trial court unequivocally declared the bail forfeited in open court and adequately satisfied

the statutory…