People v. Wabash Fire & Casualty Insurance

Wabash Fire and Casualty Insurance Company (Wabash) appeals an order denying its motion to set aside a bail forfeiture.

On 1 February 1965 Wabash fded a bail bond in Los Angeles Municipal Court for $3,850 on behalf of Clarence Lee Thompson, whose trial on a charge of possession of heroin was set for 10 June in the superior court. On that date Thompson did not appear, and bail was forfeited by an order entered on 18 June. Wabash was given notice of the forfeiture by the county clerk on 22 June.

Wabash looked for Thompson and eventually concluded he was being held by federal authority in the San Diego County jail under the name Thomas Rucker. On 10 September Wabash moved to set aside the order of forfeiture and exonerate the bond, and in support of its motion submitted a declaration by its agent stating that on 10 June ThompsonRueker had been in custody in the San Diego County jail. The motion was continued to 8 October, apparently to give Wabash time to produce more convincing evidence that Thompson and Rucker were the same person. On 8 October the motion was denied, and the denial was entered in the minutes on 15 October. *388 On 21 October Wabash filed a second motion to set…