County of Los Angeles v. American Contractors Indemnity Co.

Penal Code section 1305, subdivision (g) provides a means for exonerating the bail of a fleeing defendant if the bail bond agency locates the defendant in another jurisdiction and brings him before a local law enforcement officer but the district attorney elects not to seek the defendant’s extradition. The question in this case is whether the bonding company satisfied the statutory requirements for exonerating the bail of a defendant nabbed by a bail agent in Mexico. We conclude it did and reverse the judgment forfeiting bail.

FACTS AND PROCEEDINGS BELOW

A criminal defendant, Hanoch Ambramson, failed to appear at a court hearing and the court ordered forfeiture of the $30,000 bond issued by American Contractors Indemnity Company (American). The County of Los Angeles (County) brought a motion for summary judgment on the bond.

Within the time permitted by law American moved to vacate the forfeiture and exonerate the bond under Penal Code section 1305, subdivision (g) 1 which states: “In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law…