People v. Accredited Surety & Casualty Co.

Good Law
142 Cal. Rptr. 3d 713·2012 Cal. App. LEXIS 741·207 Cal. App. 4th 163·2012 WL 2369961
Court of Appeal of CaliforniaJune 13, 2012No. F061649California1,389 words

Opinion

Lead Opinion

Wiseman, J.

In this bail forfeiture action, appellant, Accredited Surety and Casualty Company (Accredited), challenges the trial court’s order *166 entering summary judgment on the forfeited bail bond. According to Accredited, the trial court did not have jurisdiction to declare bail forfeited based on the defendant’s nonappearance when the criminal proceedings against the defendant had been suspended for mental competency proceedings under Penal Code 1 section 1368.

Contrary to Accredited’s position, the section 1368 proceedings did not divest the trial court of jurisdiction over the bail bond. Therefore, the judgment is affirmed.

FACTUAL AND PROCEDURAL HISTORIES

In June 2009, Accredited posted a $70,000 bail bond to secure the release of defendant, Leonardo Birrueta Cabadas. Cabadas had been charged with felony assault with a semiautomatic firearm. (§ 245, subd. (b).)

In August 2009, Cabadas appeared in court and was ordered to report to a private psychologist for evaluation. The criminal proceedings were suspended pursuant to section 1368. During the section 1368 proceedings, Cabadas appeared in court as ordered in September and October 2009.

On November 12, 2009, Cabadas…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.