County of Los Angeles v. American Contractors Indemnity Co.

INTRODUCTION

Defendant and appellant American Contractors Indemnity Company (American) issued a bail bond for the release of Adolphus Jenkins on a criminal charge. When Jenkins failed to appear, the trial court ordered the bail *177 forfeited. The trial court denied American’s motion to vacate the forfeiture and exonerate the bail, and entered summary judgment. On appeal, American contends that its liability on the bond was extinguished when, prior to the hearing at which Jenkins did not appear, additional criminal charges and a “Three Strikes” law 1 allegation were made against Jenkins without notice to American. We affirm.

BACKGROUND

On July 8, 2007, Jenkins was arrested and charged with a violation of Penal Code section 273.5, subdivision (a) (willful infliction of corporal injury on, among others, a cohabitant). 2 On July 9, 2007, American posted a $50,000 bail bond for Jenkins’s release. The bond provided that Jenkins had been ordered to appear in court on September 10, 2007, on a charge under section 273.5, subdivision (a). On August 13, 2007, the Los Angeles County District Attorney’s Office filed a complaint against Jenkins that alleged the section 273.5,…