County of Los Angeles v. Financial Casualty & Surety, Inc.
234 Cal. Rptr. 3d 459
| Cal. | 2018Background
- Sandra Chavezgarcia was arraigned Nov. 29, 2012, pleaded not guilty, remanded, and the matter was continued to Jan. 3, 2013 for a pretrial conference; the minute order said the court ordered the defendant to appear.
- Financial Casualty & Surety, Inc. posted a $110,000 bail bond on Dec. 12, 2012; the bond form listed Jan. 3, 2013 as the appearance date and promised the defendant would appear.
- Chavezgarcia did not personally appear on Jan. 3, 2013 (counsel appeared); the trial court ordered bail forfeited and issued a bench warrant, later entering summary judgment against the surety.
- Financial Casualty moved to set aside summary judgment, arguing Chavezgarcia was not ordered by the court to appear on Jan. 3 and thus her absence could not trigger forfeiture under Penal Code §1305.
- The trial court and Court of Appeal set aside forfeiture; the Supreme Court granted review to decide whether a jailer’s setting of an appearance date under Penal Code §1269b(a) makes the appearance “lawfully required” for purposes of forfeiture under §1305.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appearance date set by jail personnel under Penal Code §1269b(a) can make an appearance “lawfully required” under Penal Code §1305 | County: yes — §1269b(a) authorizes the jailer to set a time/place and §1269b(h) cross-references §§1305–1306, so such dates are “lawfully required.” | Financial Casualty: no — only a court order can create a §1305 “lawfully required” appearance; §1269b(h) merely refers to §1305 procedure. | The Court held that a date set by jail personnel under §1269b(a) constitutes an appearance that can be “lawfully required” under §1305, permitting forfeiture. |
Key Cases Cited
- People v. Safety National Casualty Corp., 62 Cal.4th 703 (court explains §1305 forfeiture framework and “lawfully required” standard)
- People v. American Contractors Indemnity Co., 33 Cal.4th 653 (discusses nature of bail and surety obligations)
- People v. Ranger Ins. Co., 145 Cal.App.4th 23 (addresses when non-court notices substitute for court orders)
- People v. American Surety Ins. Co., 178 Cal.App.4th 1437 (considers whether prosecutor or others can compel appearance in lieu of court order)
- County of Los Angeles v. Surety Ins. Co., 165 Cal.App.3d 704 (procedures for prearraignment bail acceptance and release)
- People v. National Auto. & Cas. Ins. Co., 77 Cal.App.3d Supp. 7 (discusses contractual bond obligations vs. statutory appearance requirements)