People v. Financial Casualty & Surety
A147808
| Cal. Ct. App. | Aug 9, 2017Background
- Defendant Lesman Cruz was released on a $30,000 bail bond posted by Financial Casualty & Surety, Inc.; Cruz missed court on Feb 18, 2015 and Feb 26, 2015; the court forfeited bail after the Feb 26 absence and mailed a forfeiture notice (appearance period ended Sept 26, 2015).
- Financial Casualty moved on Sept 24, 2015 to vacate the forfeiture and exonerate the bond under Penal Code §1305(d), asserting Cruz had been deported and thus permanently unable to appear.
- At the Oct 15, 2015 hearing the court admitted only Exhibits F (DHS letter stating the subject "departed from the U.S. to Honduras on June 18, 2015"), G (declaration referencing DHS response), and L (Salt Lake County booking sheet with permissive immigration-release language) and found they did not prove deportation.
- The court denied the motion without prejudice; on Oct 19 the People obtained summary judgment because no timely successful motion had set aside the forfeiture within the statutory period.
- Financial Casualty then moved under CCP §473 to set aside summary judgment, claiming a renewed motion it sent Oct 16 was returned unfiled; the trial court denied §473 relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court lost jurisdiction under Penal Code §1305(a)(1) by not immediately declaring forfeiture after Cruz's first nonappearance (Feb 18) | Court properly exercised discretion; §1305.1 permits continuance when there is reason to believe an excuse may exist | Financial Casualty: failure to declare forfeiture at first nonappearance divested court of jurisdiction over bond | Court: No jurisdictional error — judge permissibly declined to forfeit on Feb 18 given reasonable explanation and retained jurisdiction; forfeiture at Feb 26 was valid |
| Whether forfeiture must be vacated under §1305(d) because defendant was deported and permanently unable to appear | People: movant failed to prove deportation and inadmissibility period; evidence insufficient | Financial Casualty: DHS/booking documents show Cruz "departed" and thus was deported, making performance impossible | Court: Affirmed denial — admissible exhibits did not establish deportation or federal inadmissibility; "departed" and permissive booking language insufficient |
| Whether summary judgment and denial of §473 relief were erroneous because a renewed timely motion was mishandled by clerk | People: summary judgment was proper because no timely motion was before the court and appearance period had elapsed; §473 cannot create jurisdiction | Financial Casualty: clerk returned renewed motion unfiled; §473(b)/(d) relief should allow setting aside summary judgment | Court: Affirmed — renewed motion was untimely under §1305 deadlines, no §1305.4 extension requested, and §473 cannot be used to cure jurisdictional/timeliness defects |
Key Cases Cited
- People v. The North River Ins. Co., 200 Cal.App.4th 712 (court must carefully follow §§1305–1306)
- County of Los Angeles v. Financial Casualty & Surety Inc., 236 Cal.App.4th 37 (deportation can constitute permanent disability under §1305(d))
- People v. Accredited Surety & Casualty Co., 132 Cal.App.4th 1134 (surety bears burden to show it falls within §1305 relief)
- People v. National Automobile & Casualty Ins. Co., 121 Cal.App.4th 1441 (§1305.1 limited exception; court may continue if reason to believe an excuse may exist)
- People v. Indiana Lumbermens Mut. Ins. Co., 49 Cal.4th 301 (appearance within the period obviates need for surety motion)
- Maynard v. Brandon, 36 Cal.4th 364 (CCP §473 does not relieve parties from jurisdictional or mandatory statutory deadlines)