People v. Far West Ins. Co. (2001)

THE PEOPLE, Plaintiff and Respondent, v. FAR WEST INSURANCE COMPANY, Defendant and Appellant.

[Modification of opinion (93 Cal.App.4th 791) on denial of petition for rehearing with no change in judgment.]

THE COURT:

It is ordered that the opinion filed herein on November 6, 2001, be modified in the following particulars:

Insert the following new footnote number 3 at the end of the last sentence of the last paragraph [93 Cal. App. 4th 798, advance report, 1st par.] under the section entitled ANALYSIS:

"In its petition seeking rehearing, the county contended all of the evidence before the trial court-consisting of declarations signed by agents of the surety recounting events in Georgia and Oakland-is inadmissible hearsay and cannot support relief from forfeiture. We are not persuaded. The trial court did not rule on the county's evidentiary objections, making its ruling on the assumption the declarations were admissible, and concluding that under the bail forfeiture scheme, relief was unavailable as a matter of law. In light of those circumstances, the rule announced in Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal. 4th 666, 670, fn. 1, applies: "Because counsel failed to obtain rulings [in the trial court on objections to evidence], the objections are waived and are not preserved for appeal. . . . [F]or purposes of this appeal, we must view the objectionable evidence as having been admitted in evidence and therefore a part of the record."

The above modification does not effect any change in the judgment.

The petition for rehearing is denied.