People v. Bankers Ins. Co.

BACKGROUND

Further statutory references are to the Penal Code unless otherwise

indicated.

1 On February 22, 2019, a criminal complaint was filed against defendant Jonathan Lealbetancourt for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). On February 26, defendant was in custody and present in court for a pretrial hearing. The trial court continued the matter to March 20 for a further pretrial hearing. On or about February 28, BailSmart Bail Bonds, as an agent of appellant Bankers Insurance Company (together, “the Surety”), posted a bond of $25,000 for defendant’s release from custody. At the March 20 pretrial hearing, defendant was not present in court. The following colloquy took place: “THE COURT: I’m looking at the bail bond. It looks like he bailed out and was notified to appear 3/20/19 at 9:00 a.m. here. “MS. KLEIN [defense counsel]: Is it possible that we maintain the PX [preliminary hearing] and hold a warrant for a pretrial? “THE COURT: What’s his FTA [failure to appear] record like? “You don’t usually see somebody bail out and then FTA. “MS. KLEIN: Right. “MS. CAMPBELL [prosecutor]: What’s the name? “MS. KLEIN: Lealbetancourt. “THE COURT: He…