People v. Lexington National Insurance Corp.
1 Cal. App. 5th 1144
| Cal. Ct. App. | 2016Background
- Defendant Natalie Duffy was charged with misdemeanor child endangerment and resisting arrest.
- Lexington National Insurance Company posted a $50,000 bail bond for Duffy's release.
- At the August 29, 2013 hearing the court set a pretrial conference for October 1, 2013 and expressly ordered Duffy to appear personally that day.
- Duffy failed to appear at the October 1 hearing; her public defender appeared and stated he had no information for her.
- The trial court declared the bail forfeited and denied Lexington’s Penal Code section 1305 motion to vacate and reinstate the bond; Lexington appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court could forfeit bail when a misdemeanor defendant failed to personally appear at a pretrial hearing that counsel attended | The People: a defendant whose presence is specifically ordered is "lawfully required" to appear for purposes of Penal Code §1305, so forfeiture was proper | Lexington: Penal Code §977(a)(1) allows misdemeanor defendants to appear by counsel, so the defendant was not lawfully required to appear and forfeiture was improper | The court affirmed: when the court expressly orders a defendant (felony or misdemeanor) to personally appear, the defendant is "lawfully required" to appear and failure to do so supports bail forfeiture under §1305 |
Key Cases Cited
- People v. Safety Nat. Cas. Corp., 62 Cal.4th 703 (2016) (where a court specifically ordered the defendant to appear, failure to appear at a scheduled pretrial hearing supported bail forfeiture under Penal Code §1305)
- People v. Fairmont Specialty Group, 173 Cal.App.4th 146 (2009) (bail bond is a surety contract obligating appearance; forfeiture ensures defendant’s court attendance)
- People v. Aegis Security Ins. Co., 130 Cal.App.4th 1071 (2005) (trial courts must follow statutory bail-forfeiture procedures or act beyond jurisdiction)