209 Cal. App. 4th 617
Cal. Ct. App.2012Background
- Accredited posted a $70,000 bail bond to secure the defendant's release; the defendant failed to appear and the bail was forfeited.
- A.J. Bail Bonds posted a second bond for $70,500 in an attempt to substitute the second bond for the first.
- The court clerk set aside the first bond exoneration and reinstated bail based on the second bond.
- The People contested that the second bond was a pretext to start a new forfeiture clock; the bond agent acknowledged using a gimmick to prompt surrender.
- The trial court found the clerk’s exoneration of the first bond void and upheld the forfeiture of the first bond; later, the second bond was forfeited when the defendant did not appear.
- Accredited moved to vacate the forfeiture of the second bond, arguing the bond was void and the court lacked jurisdiction; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the second bond void and thus voids the forfeiture? | Accredited argues the second bond is void and jurisdiction to forfeit is lacking. | People contend the bond validly increased the total bail and effected forfeiture. | Second bond void; no jurisdiction to forfeit. |
| Did exoneration of the first bond affect the second bond’s validity? | Accredited contends exoneration of the first bond was void, affecting validity of proceeding. | People maintain proceedings valid notwithstanding the void exoneration. | Exoneration void; impacts forfeiture analysis. |
| Should the forfeiture be vacated given the bail statutes and notice requirements? | Accredited argues misapplication of exoneration and void bond warrants vacating forfeiture. | People argue forfeiture stands as the defendant failed to appear. | Court reversed; vacate forfeiture and exonerate bond. |
Key Cases Cited
- People v. International Fidelity Ins. Co., 204 Cal.App.4th 588 (Cal. Ct. App. 2012) (forfeiture mechanics and void bonds; proper scope of review)
- People v. American Contractors Indemnity Co., 33 Cal.4th 653 (Cal. 2004) (strict construction in favor of the surety; forfeiture policy)
- People v. American Contractors Indemnity Co., 91 Cal.App.4th 799 (Cal. App. 2001) (forfeiture principles and contractor liability)
- People v. American Contractors Indemnity Co., 178 Cal.App.4th 1437 (Cal. App. 2009) (notice and custody requirements in bail forfeiture)
- County of Los Angeles v. American Contractors Indemnity Co., 152 Cal.App.4th 661 (Cal. App. 2007) (disfavor of forfeitures in bail context; strict construction)