People v. Bankers Insurance

*410 Opinion

The trial court declared forfeited the bail bond posted by Bankers Insurance Company and entered summary judgment against Bankers. Bankers moved to set aside the forfeiture and judgment and to have its bail exonerated pursuant to Penal Code section 980, subdivision (b) (all statutory references shall be to the Penal Code), on the ground that the defendant’s warrant was never entered into the national warrant database. The court granted the motion and exonerated bail. The County of Los Angeles appealed, contending that B ankers’s motion was untimely and that it failed on the merits. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On August 4, 2008, Bankers, through its agent, posted bail bond No. 5550357762 in the amount of $50,000 for the release of criminal defendant Donald Garrett. On September 9, 2009, Garrett failed to appear in court at a pretrial conference and the bail was declared forfeited. The minute order stated that Garrett was in custody in Sonoma County on another matter. The court ordered that a felony bench warrant be issued, but the warrant was never entered into the national warrant database, National Crime Information Center (NCIC). The…