Espinoza Bail Bonds, Inc. v. Chuang CA3

BACKGROUND

In March 2015, Espinoza Bail Bonds posted a $500,000 bond for Ted.2 The Chuangs signed indemnity agreements obligating them to, among other things, ensure Ted appeared in court as required by the trial court; indemnify the surety, Lexington National Insurance Corporation (Lexington National), against any losses, including forfeiture of the bond; and pay a fugitive recovery fee in the event of such a forfeiture. Between March 2015 and April 2017, the Chuangs paid the $35,000 bond premium in full. On September 27, 2017, Ted did not appear for a settlement conference. The trial court ordered Ted to appear on October 5, 2017, at 1:00 p.m. or have a warrant issued for his arrest. When Ted did not appear for that court date, the trial court issued the promised warrant and “forfeit[ed] the cash bail.” The next day, Espinoza Bail Bonds and Lexington National were notified “that bail in the above-entitled case was ordered forfeited” but “the forfeiture of bail may be set aside” under the procedure set forth in Penal Code section 1305, et seq.

2 To limit any confusion, we refer to Ted Chuang by his first name.

2 On March 8, 2018, bail agents took Ted into custody at the…