People v. Accredited Sur. & Cas. Co.
246 Cal. Rptr. 3d 663
| Cal. Ct. App. 5th | 2019Background
- Michael Manning was charged in Sept. 2015 with multiple sex offenses against a minor and possession of child pornography; bail was initially set at $215,000 and later increased to $290,000.
- Accredited Surety posted two bonds through its agent McMains Bail Bonds: one for $215,000 (bond AH-00797626) and one for $290,000 (bond AJ-00793917).
- The $290,000 bond stated it was void if written for an amount greater than an attached power of attorney, but no power of attorney appears in the record; the record does not include the $215,000 bond itself, only its discharge.
- Manning pleaded no contest in June 2016; court minutes contain a checked box indicating release on own recognizance, but the reporter’s transcript shows the court ordered continued release subject to prior conditions (i.e., on bail).
- Manning failed to appear at sentencing in October 2016; the trial court ordered forfeiture of the $290,000 bond and later exonerated the $215,000 bond.
- Accredited moved to vacate the forfeiture, exonerate the bond, and set aside summary judgment, arguing (1) bail was set unconstitutionally (due process/Humphrey), (2) the bonds exceeded the power of attorney, and (3) the bond was exonerated when Manning was released on his own recognizance. The trial court denied relief and entered summary judgment for $290,000.
Issues
| Issue | Plaintiff's Argument (Accredited) | Defendant's Argument (People/County) | Held |
|---|---|---|---|
| Whether a constitutionally defective bail-setting procedure (failure to consider ability to pay) voids the subsequently executed bail bond | Humphrey-type defect renders bond contract void and forfeiture improper | Accredited lacks standing to raise defendant’s constitutional rights at bail hearing; even if standing exists, surety waived defects by executing bond | Court: Surety has standing to challenge bond validity, but procedural defects in setting bail do not void the bond; surety waived preliminary defects by assuming obligations when executing bond; forfeiture stands |
| Whether the bonds exceeded the authority of the (absent) power of attorney, making them void | Bonds exceeded power limits; language on bonds makes them void if beyond power of attorney | Record lacks the power of attorney and the actual $215,000 bond; burden on appellant to provide record support | Court: Accredited failed to carry its burden—record inadequate to show excess of authority; argument fails |
| Whether the checked clerk’s-minute box indicating release on own recognizance exonerated the bond | The minute order showing OR release exonerated the bond by operation of law | Reporter’s transcript and subsequent proceedings show Manning was released on bail; the OR notation was a clerical error; transcript controls over minutes | Court: Minutes were clerical error; bond was not exonerated and forfeiture was properly entered |
| Whether summary judgment should be vacated and forfeiture set aside given the above | Forfeiture and judgment should be vacated due to procedural defects, excess power, or OR release | Forfeiture valid under governing law; surety did not prove grounds for exoneration | Court: Denies motion; affirms judgment for $290,000 |
Key Cases Cited
- In re Humphrey, 19 Cal.App.5th 1006 (Cal. Ct. App. 2018) (procedural due process requires individualized bail inquiry including ability to pay)
- Western Surety Co. v. Municipal Court of City of Los Angeles, 20 Cal.App.2d 442 (Cal. Ct. App. 1937) (surety waives preliminary defects by assuming obligations when executing bond)
- County of Los Angeles v. Surety Ins. Co., 164 Cal.App.3d 1221 (Cal. Ct. App. 1985) (procedural irregularities in bail setting do not invalidate bond)
- People v. Accredited Surety & Cas. Co., Inc., 125 Cal.App.4th 1 (Cal. Ct. App. 2004) (noncompliance with bail-setting procedure not defense to forfeiture)
- People v. American Surety Ins. Co., 75 Cal.App.4th 719 (Cal. Ct. App. 1999) (burden on surety to show forfeiture should be set aside)
- Jameson v. Desta, 5 Cal.5th 594 (Cal. 2018) (appellant bears burden to provide adequate record on appeal)
- People v. Harvey, 25 Cal.3d 754 (Cal. 1979) (procedure for plea bargains and related dismissals)