202 Cal. App. 4th 1541
Cal. Ct. App.2012Background
- Two felony cases against Mkrtchyan in LA Superior Court: a single-count Airport case released on own recognizance and a $625,000 bond in the Van Nuys case with 11 counts.
- Airport case was later consolidated into the Van Nuys case, adding the airport count as count 12 to the Van Nuys case.
- Bond language guaranteed appearance on ‘any charge in any accusatory pleading… and all duly authorized amendments thereof’ in whatever court prosecuting.
- Mkrtchyan failed to appear for the consolidated case on June 23, 2009, triggering forfeiture of the $625,000 bond.
- Indiana filed a motion to vacate forfeiture and exonerate bail on July 30, 2009; the trial court denied on September 17, 2009; Indiana appeals.
- Appellate court affirms, holding consolidation and amendment did not exonerate the bond and did not materially increase the surety’s risk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did consolidation and count 12 amendment exonerate the bond? | Indiana: amendment increased risk and altered bond terms. | Mkrtchyan: no change to the bond’s risk. | No abuse; amendment encompassed by bond. |
| Did the added airport count increase flight risk material to bond? | Indiana: risk increased by unrelated new charge. | People: consolidation did not increase risk; same charges. | No material increase in risk; bond remained valid. |
Key Cases Cited
- People v. International Fidelity Ins. Co., 185 Cal.App.4th 1391 (Cal. Ct. App. 2010) (amendments within bond language do not automatically exonerate when acts are the same)
- Bankers Ins. Co. v. Superior Court, 181 Cal.App.4th 1 (Cal. Ct. App. 2010) (bond language covers amendments; risk not necessarily increased)
- Fidelity, 185 Cal.App.4th 1393 (Cal. Ct. App. 2010) (bond language: 'any charge' and 'duly authorized amendments' control)
- People v. Smith, 40 Cal.4th 483 (Cal. 2007) (consolidation favored to promote efficiency; section 954 authority)
- People v. Ochoa, 19 Cal.4th 353 (Cal. 1998) (consolidation principles and judicial economy)
- County of Los Angeles v. Fairmont Specialty Group, 173 Cal.App.4th 538 (Cal. Ct. App. 2009) (appealability of order denying bail forfeiture relief)