People v. Lexington Nat'l Ins. Corp.
Annotate this CaseDuffy was charged with misdemeanor child endangerment. On August 23, 2013, Lexington Insurance posted a $50,000 bail bond for Duffy’s release from custody. Duffy appeared in court on August 29, 2013, at which time the court set a pre-trial hearing for October 1, 2013. Duffy failed to appear at the October 1 hearing. The court ordered Duffy’s $50,000 bail forfeited. Lexington brought a motion to vacate forfeiture and reinstate the bond pursuant to Penal Code section 1305. The court denied the motion and entered judgment against Lexington. The court of appeal affirmed, rejecting an argument that Duffy was not required to attend the hearing. The court specifically ordered Duffy to appear at the October 1 pretrial conference by stating: “You are ordered to go back to Department 87 up on the second floor, Ms. Duffy, October 1st, 9:00 a.m. for your pretrial. Thank you.” Duffy’s nonappearance provided an adequate basis for the court’s order forfeiting the bond.
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