County of Los Angeles v. Financial Casualty & Surety CA2/4

INTRODUCTION

Appellant Financial Casualty & Surety, Inc. (Financial) appeals from a summary judgment on a forfeited bail bond, entered after the trial court denied its motion to vacate forfeiture and exonerate the bond. Financial contends the court lacked jurisdiction over the bond when it failed to declare a forfeiture on the defendant’s first nonappearance. Instead, the court granted the defendant a continuance to a later date, and declared a forfeiture when he failed to appear on that date. Financial contends the court abused its discretion in granting the continuance and, in any event, the court lacked jurisdiction to declare a forfeiture on the later date when it failed to expressly order the defendant to appear on that date. For the reasons set forth below, we affirm.

FACTUAL BACKGROUND & PROCEDURAL HISTORY

On October 20, 2011, a complaint was filed, charging defendant Yinusa Obtula Kazeem with burglary, grand theft, and multiple counts of forgery. Financial posted a $50,000 bail bond for Kazeem. On January 31, 2012, the case was called for a preliminary hearing. Kazeem and his counsel, Jerome A. Kaplan, were present. On motion of the defense, the hearing was continued to…