People v. Accredited Sur. & Cas. Co.

When bail is forfeited because an out-of-custody defendant fails to appear, the surety is entitled to an automatic exoneration of bail by operation of law if the defendant appears within 185 days from the mailing of a notice of forfeiture. ( Pen. Code, § 1305, subds. (b)(1), (c)(1).) 1 Here defendant appeared voluntarily to recall a bench warrant, but-when the case was continued to the afternoon session to secure the bail bondsman's attendance-he failed to appear that afternoon. The trial court did not treat the defendant's morning appearance as sufficient to exonerate the bail and entered summary judgment *536 against the surety. The surety appeals from the order denying its motion to set aside summary judgment, to vacate the forfeiture and to exonerate the bail. We agree with the surety that, upon defendant's appearance, the bail was exonerated by operation of law and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant John Adams (defendant) was charged with unlawful driving or taking of an automobile ( Veh. Code, § 10851, subd. (a) ). When defendant failed to appear for a hearing, the trial court issued a bench warrant and set bail at $50,000. Defendant was arrested on the…