People v. Indiana Lumbermens Mutual Ins. Co. CA2/1

BACKGROUND

On August 21, 2013, Lumbermens (through its agent Remedy Bail Bonds) posted a $100,000 bail bond to secure the release of criminal defendant Cesar Cruz (Cruz).1 Cruz failed to appear at a hearing on December 4, 2013, and the trial court (Judge Eleanor J. Hunter) declared the bail forfeited. The court clerk served the order of forfeiture by mail to Lumbermens on December 6, 2013. Cruz’s appearance period (during which the order of forfeiture could be set aside, should he appear in court) was set to expire on June 9, 2014. On June 6, 2014, Lumbermens moved pursuant to Penal Code section 1305.42 to extend the appearance period for an additional 180 days. A declaration from an investigator described his efforts to locate Cruz and stated that he believed he could locate and surrender Cruz if the court granted the extension. On June 9, 2014, the case was transferred to Judge John T. Doyle. On June 20, 2014, Judge Doyle heard Lumbermens’ motion to extend. Judge Doyle stated, “It’s a motion to extend time on the bond. How much time did you want and what’s the People’s position?” The district attorney interjected, “Your honor, the bond was forfeited by Judge Hunter on December…