P.

P. v. North River Ins. Co. CA5

Good Law
Court of Appeal of CaliforniaMay 14, 2013F065542California908 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

Criminal defendant Rafael Arturo Diaz failed to appear for a scheduled court appearance on December 13, 2011. The court forfeited his bail bond and issued a notice to appellants, who had provided the bond. Over the next several months, agents for appellants determined Diaz no longer lived at the address he had given them. Searches through various reporting services did not provide usable information. The agents contacted Diaz’s “indemnitor” on the bail bond, Miguel Castillo Moreno, on several occasions. Each time, the indemnitor provided somewhat vague information and promised to try to locate Diaz. The agents followed through on leads provided by the indemnitor, but the information repeatedly proved inaccurate. In addition to providing information about Diaz’s possible location in the Fresno area, the indemnitor stated in January 2012 that Diaz “may have returned to Mexico.” In April 2012, the indemnitor told the agents Diaz’s friend “thinks that the defendant has fled back to Mexico.” The indemnitor promised to obtain Diaz’s address in Mexico from the friend, but he never did so. On approximately May 27, 2012, an agent for appellants conducted…

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