People v. Financial Casualty & Surety CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Underlying Criminal Prosecution

In July 2017, the People charged Roberto Grajeda (Grajeda) with (1) second degree robbery (Pen. Code, § 211),1 (2) reckless discharge of a firearm (§ 246.3), and (3) being a felon in possession of a firearm (§ 29800, subd. (a)(1)). After the trial court conducted a preliminary hearing and held Grajeda to answer for those charges, the People filed an information alleging the same crimes.

II. Issuance of Bail Bond and Failure to Appear

On December 18, 2017, Financial Casualty & Surety, Inc. (the surety)—through its agent Bail Hotline Bail Bond—posted a $105,000 bail bond guaranteeing Grajeda’s further court appearances. On March 19, 2018, Grajeda did not appear in court as ordered and the trial court ordered the bond forfeited.

III. Entry of Summary Judgment on Bond

The day after Grajeda failed to appear in court, the trial court issued a notice of forfeiture of the bail bond. After granting the surety’s motion to extend the so-called “appearance period”

All further statutory references are to the Penal Code unless otherwise indicated.

2 (that is, the period during which a surety can exonerate a…