People v. American Surety Co. CA4/3

FACTS

In November 2016, Zavala was charged with attempted forcible rape, sexual battery by restraint, false imprisonment by violence, and vandalism. At arraignment, the court set bail at $100,000, without considering Zavala’s ability to pay. Zavala subsequently appeared in court in custody on five occasions. There is no indication in our record Zavala ever objected to the bail amount, requested a bail review hearing, or requested a reduction in his bail based on his individual circumstances, including his ability to pay. In March 2017, Surety executed a $100,000 bail bond for Zavala’s release from custody. The bond expressed Surety’s undertaking that Zavala would appear in court or Surety would pay $100,000 to the State of California. The bond also included Surety’s agreement that if forfeiture was ordered by the court, judgment could be summarily made and entered against Surety, as provided in Penal Code sections 1305 and 2 1306. Zavala was released from custody and made multiple court appearances while out on bail. But in November 2017, Zavala failed to appear. The court issued a bench warrant, and a notice of forfeiture was mailed to Surety that month. In December

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