People v. Lexington National Insurance Corp.
Opinion
Opinion
Rushing, J.
Lexington National Insurance Corporation (Lexington) appeals a judgment entered following the trial court’s denial of its request for relief from bail forfeiture. On appeal, Lexington argues that the court lacked jurisdiction to declare the bail forfeited, because the defendant in the case, Natalie Duffy, was not required to attend the hearing at which she failed to appear.
Statement of the Case
Duffy was charged with misdemeanor child endangerment (Pen. Code, § 273a, subd. (b)), and resisting arrest (Pen. Code, § 148, subd. (a)(1)). On August 23, 2013, Lexington posted a $50,000 bail bond for Duffy’s release from custody. Duffy appeared in court on August 29, 2013, at which time the court set a pretrial hearing for October 1, 2013. The court ordered Duffy to appear at the next hearing as follows:
Defendant failed to appear at the hearing on October 1, 2013. The following exchange occurred at the October 1, 2013 hearing:
The court ordered Duffy’s $50,000 bail forfeited. Lexington brought a motion to vacate forfeiture and reinstate the bond pursuant to Penal Code section 1305. The court denied the motion, and entered judgment against Lexington.