People v. Accredited Surety & Casualty Co.

Bad Law
146 Cal. Rptr. 3d 894·2012 Cal. App. LEXIS 998·209 Cal. App. 4th 617·2012 WL 4237625
Court of Appeal of CaliforniaSeptember 21, 2012No. F062859California1,667 words

Opinion

Lead Opinion

Levy, J.

In this bail forfeiture action, appellant, Accredited Surety and Casualty Company (Accredited), challenges the trial court’s order denying a motion to vacate the forfeiture. Accredited’s bail agent, A.J. Bail Bonds (A.J.), posted a bond for the release of the defendant and, when the defendant failed to appear, posted a second bond in an effort to substitute it for the first bond. However, this attempted substitution ultimately failed and the trial court ordered both bonds forfeited.

Accredited contends the trial court erred in refusing to vacate the forfeiture of the second bond because that bond was void as a matter of law. Accredited further argues that the court did not have jurisdiction' to declare the forfeiture. *620 Accredited is correct. Accordingly, the judgment will be reversed.

BACKGROUND

In June 2009, Accredited, through its agent, A.J., posted a $70,000 bail bond to secure the release of the defendant. The defendant failed to appear as ordered on November 19, 2009, and the bail was declared forfeited. A notice of forfeiture was mailed to Accredited and to A.J. A bench warrant was issued and bail was increased to $70,500.

On May 18, 2010, with only five…

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