198 Cal. App. 4th 175
Cal. Ct. App.2011Background
- American posted a $50,000 bail bond for Jenkins’s release on a 273.5(a) charge.
- The August 13, 2007 complaint added sex-offender registration and change-of-address charges and alleged Two Three Strikes priors.
- At Jenkins’s September 10, 2007 arraignment, bail was set at $50,000 under a nonviolent felony rule; court noted Three Strikes allegations.
- On August 4, 2008 Jenkins failed to appear, leading to forfeiture and notice to American.
- American moved to vacate forfeiture and exonerate the bail; the trial court denied and entered summary judgment.
- The appellate court affirmed, applying Bankers Ins. Co. to hold no material change in risk and no exoneration of the bond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether added charges without notice altered American’s risk | American argues risk increased due to new charges | Bankers Ins. Co. supports no material change if covered by bond terms | No material change; liability not extinguished |
| Whether bond language covered charges in future complaint | Bond guaranteed appearance on acts supporting the complaint | Charges ultimately included were within the original contract scope | Bond language encompassed the charges; no exoneration |
Key Cases Cited
- People v. Bankers Insurance Co., 181 Cal.App.4th 1 (Cal. Ct. App. 2010) (bail bond risk not increased by unrelated later charges)
- Bankers Ins. Co. v. Superior Court, 181 Cal.App.4th 1 (Cal. Ct. App. 2010) (no common-law defense to forfeiture for increased risk; contract governs)
- People v. Amwest Surety Ins. Co., 229 Cal.App.3d 351 (Cal. Ct. App. 1991) (bond contract governs surety’s liability)
- Coast Surety Co. v. Municipal Court, 136 Cal.App.2d 188 (Cal. Ct. App. 1934) (principle that surety’s liability limited to contract terms)
- People v. International Fidelity Ins. Co., 185 Cal.App.4th 1391 (Cal. Ct. App. 2010) (de novo review for contract interpretation where no extrinsic evidence)