People v. Amer. Contractors Indemnity Co.
Opinion
Opinion
Banke, J.
INTRODUCTION
American Contractors Indemnity Company and El Primo Bail Bonds (the “bond companies”) appeal from an order denying relief from a bail forfeiture and the summary judgment that ensued. The bond companies advance two arguments—first, the superior court’s notice of forfeiture was deficient because it failed to explain the “underlying statutory scheme” to obtain a discharge of forfeiture, and second, the requirements for forfeiture were not met because the trial court did not expressly order defendant to appear at the hearing at which he failed to appear. We reject both assertions, and affirm. In rejecting the second, we are called on to decide an issue as to which there has been some disagreement among the courts of appeal—whether Penal Code section 977, subdivision (b)(1), requiring felony defendants to personally appear absent a written waiver of appearance, supplies the legal compulsion to make a defendant’s presence in court “lawfully required” under the bail forfeiture statute, Penal Code section 1305, subdivision (a)(4).1 We conclude section 977 suffices in this regard.
1 All further references are to the Penal Code unless otherwise indicated.