People v. Dependable Insurance

Introduction

In an attempt to persuade this court to reverse an order of the superior court denying its motion to vacate a bail forfeiture and exonerate bond, defendant and appellant Dependable Insurance Company (appellant) has filed an opening brief claiming the nonexistence of a minute order which clearly appears in the clerk’s transcript. Appellant has failed to include the reporter’s transcript of the relevant hearing in its designation of the record on appeal. Notified that this court is considering sanctions for the filing of a *873 frivolous appeal, counsel has adopted a new position, as devoid of merit as the original.

Facts

Larry Craig (Craig), defendant in a criminal case, was in Department South J of the superior court on July 30, 1986. The matter was continued to August 4, 1986, and Craig was ordered to return. On August 4, 1986, as shown by the minute order appellant chooses to characterize as a “clerk’s note,” the matter was trailed to August 6, 1986, with Craig ordered to return.

That minute order contains errors. For example, a note in the caption states “Parties and counsel checked if present.” Nothing is checked. Nonetheless, it is evident from the…