People v. Seneca Ins. Co. CA4/1

DISCUSSION

The People contend the record does not affirmatively indicate that Davis was

absent from the September 27, 2011 hearing. They point out the record instead shows the

court clerk did not mark a box indicating he was present, but the minute order does note

the court clerk distributed a copy of the minute order to the defendant and attorney, thus

indicating that they were present at the hearing. The People argue we must presume that

Judge Gill regularly performed his official duties and acted in lawful exercise of the

court's jurisdiction. (Evid. Code, §§ 664, 666.)

Our review of a trial court's interpretation of Penal Code section 1305 to a set of

undisputed facts is de novo. (County of Los Angeles v. Fairmont Specialty Group (2009)

173 Cal.App.4th 538, 543 (Fairmount Specialty).) Penal Code section 1305, subdivision

(a) states that "[a] court shall in open court declare forfeited the undertaking of bail . . . if,

without sufficient excuse, a defendant fails to appear." "Absent an order or other actual

notification from the court that [the defendant's] appearance was required at a given date

and time, the failure of [defendant] to appear cannot…