P.v. Mark Garcia Bail Bonds CA5

BACKGROUND

In May 2013, appellant posted a $50,000 bond for the release of defendant Gabriel Rafael Orozco. The defendant failed to appear as ordered on June 19, 2013, and the trial court declared the bond forfeited in open court. In February 2014, the trial court entered summary judgment on the forfeiture of the bond. Appellant filed a motion to set aside the summary judgment, vacate the forfeiture, and exonerate the bond based on equitable estoppel. The motion was supported by a declaration executed by Jaime Gonzales, a bail agent employed by appellant. At the hearing on the motion, Gonzales testified on appellant’s behalf. Gonzales testified that the defendant came into the bail bond office the day after he failed to appear and was instructed to get a new calendar date. Gonzales further testified that the defendant again contacted the bail bond office on July 26, 2013. According to Gonzales, the defendant advised him that the case was closed. Gonzales recounted that he called the clerk’s office on July 29 and was told that the case was closed and that the warrant would be recalled. Gonzales stated that he contacted the clerk’s office again on December 20, 2013, because he had…