People v. American Surety Co. CA1/5

I. FACTS AND PROCEDURAL HISTORY

On October 27, 2010, American Surety Company (American), through Toler Bail Bonds (Toler), posted a $50,000 bail bond for the release of a defendant from custody in an underlying criminal matter. On April 18, 2012, the defendant failed to appear in court for judgment and sentencing. The court stated that the bailiff had received information that the defendant “is in the hospital somewhere, or going to the hospital,” but the court added, “somehow I am just not surprised that she is not here today for sentencing.” The defendant’s attorney explained that the bailiff told him that “a tall elderly woman with a cane” said

1 the defendant was in the hospital. Neither defense counsel nor the court had any further information. The court therefore ordered the forfeiture of her bail bond and the issuance of a bench warrant. The court stated: “[W]hat I’m going to do is this: I’m going to order that her bond be forfeited and I’m going to order a warrant for her. I will order a new warrant on a no bail status pending judgment and sentence.” The following discussion then ensued between the judge, the court clerk, and counsel: “THE COURT: . . . If you wish, Mr.…