People v. Accredited Surety & Casualty Co. CA4/1

Defendant Accredited Surety & Casualty Co. (Surety) appeals an order and judgment in favor of the People following forfeiture of Surety’s bail bond under Penal Code section 1305. Surety contends the court erred by denying its motion to vacate the forfeiture and exonerate the bond. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Surety posted a $25,000 bail bond for the release of Jose Espinoza Estrada, who had been charged in San Diego County Superior Court with several felony offenses. After Estrada failed to appear for his arraignment, the trial court ordered Surety’s bond forfeited.

Surety moved to vacate the forfeiture and exonerate the bond under section 1305, subdivision (g). Surety contended it had located Estrada in Mexico, identified him with and in the presence of local law enforcement officers, informed the district attorney of Estrada’s whereabouts, and understood the district attorney had elected not to extradite him. In support of its motion, Surety submitted declarations from its investigator and two Mexican police officers, copies of Estrada’s Mexican driver’s license and passport, a signed statement from Estrada acknowledging receipt of his…