People v. Western Insurance

*319 Opinion

INTRODUCTION

Western Insurance Company (Western), the corporate surety on a $200,000 bail bond, appeals from an order denying its motion to vacate forfeiture and exonerate bail. Western contends the bail bond should be exonerated because the trial court materially increased the surety’s risk beyond the terms of the bond agreement when the court permitted the defendant and principal, Chester Vidal Dizon, to leave the United States for the Philippines without Western’s knowledge or consent. We agree, and accordingly, reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On August 10, 2010, the Los Angeles County District Attorney filed a felony complaint charging Dizon with two counts of committing a lewd act upon a child, in violation of Penal Code section 288, subdivision (a). 1 Dizon was ordered held to answer, and bail was set at $200,000.

On August 11, 2010, Western, through its agent, Two Jinn, Inc., doing business as Aladdin Bail Bonds, posted the $200,000 bond. The bond agreeent between Western and Dizon provided: “Now the Western Insurance Company, a Nevada Corporation, hereby undertakes that the above-named defendant [(Dizon)] will appear in the above-named court on…