People v. International Fidelity Insurance
204 Cal. App. 4th 588
| Cal. Ct. App. | 2012Background
- Bankers Insurance posted a $35,000 bail bond for Enriquez in Kings Superior Court case No. 10C0299 on 11/25/2008.
- On 8/25/2009 Enriquez was remanded to custody with bail set at $100,000; court allowed the $35,000 to remain and required an additional $65,000.
- International Fidelity Insurance Company posted a separate $65,000 bond (IS100K-16653) through Kings County Bail Bonds for Enriquez's appearance on 9/1/2009.
- Enriquez failed to appear on 9/1/2009; the court forfeited both the $35,000 and the $65,000 bonds; minute order notes remand and dual bonds.
- Bankers moved to vacate forfeiture and exonerate, which the trial court granted on 1/14/2010; International Fidelity opposed.
- On 8/19/2010 the court granted summary judgment against International Fidelity for $65,000; International Fidelity appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $65,000 bond was void for not conforming to the court order | International Fidelity: bond did not conform, thus void | People: bond conformed, not void | Bond void; summary judgment vacated |
| Whether the $35,000 bond was exonerated by operation of law when Enriquez was remanded | International Fidelity: exoneration by operation of law applied to first bond | People: first bond remained enforceable until court acted | First bond exonerated by operation of law; affected validity of second bond |
| Legal consequences of an unlawful bail order on forfeiture and exoneration | Surety argues unlawful order voids bond and forfeiture cannot stand | People relied on court order; duties remain | Court lacked jurisdiction over void bond; summary judgment void |
| Whether the trial court could consider reinstatement or exoneration given void bond status | Exoneration required; void bond precludes reinstatement | Court may reinstate under proper procedure | Remand for orders to vacate forfeiture; exoneration required |
Key Cases Cited
- Kiperman v. Klenshetyn, 133 Cal.App.4th 934 (Cal. Ct. App. 2005) (remand leads to exoneration of prior bond by operation of law)
- People v. Ranger Ins. Co., 61 Cal.App.4th 812 (Cal. Ct. App. 1998) (second bond can meet total bail; exoneration timing matters)
- People v. Amwest Surety Ins. Co., 229 Cal.App.3d 351 (Cal. Ct. App. 1991) (bail bond contractual nature; liability ceases upon remand)
- County of Los Angeles v. Surety Ins. Co., 162 Cal.App.3d 58 (Cal. Ct. App. 1984) (forfeiture statutes construed to avoid harsh results)
- People v. Safety National Casualty Corp., 150 Cal.App.4th 11 (Cal. Ct. App. 2007) (exoneration occurs when bail is exonerated by statute)
- People v. American Contractors Indemnity Co., 33 Cal.4th 653 (Cal. 2004) (summary judgment on behalf of surety issues generally reviewable)
- People v. McReynolds, 102 Cal. 308 (Cal. 1894) (early exoneration principles for prior bond upon remand)