People v. North River Ins. Co. CA1/5

I. FACTS AND PROCEDURAL HISTORY

An information charged Edward Everett Strother III (Strother) with pimping prostitute Jasmine Fernandez “[o]n or about 01/29/2011,” in violation of Penal Code section 266h, subdivision (a). On July 29, 2011, North River, through its bail bond agent Bad Boys, posted a $70,000 bond for Strother’s release from custody. The bond provided for an undertaking by the surety that Strother would appear to answer any charge in an accusatory pleading filed against him and hold himself amenable to the orders and process of the court. If he failed to do so, North River would “pay to the People of the State of California” $70,000. The bond further provided that “[i]f the forfeiture of this bond be ordered by the Court, judgment may be summarily made and entered forthwith against [North River] for the amount of its undertaking herein as provided by Sections 1305 and 1306 of the Penal Code.”

A. Continuance of the Proceedings Against Strother On December 6, 2011, the prosecutor filed a Joint Motion to Continue the Jury Trial. In support of the motion, the prosecutor submitted a declaration averring that Fernandez was a key witness in Strother’s “pimping case,” she…