People v. Financial Casualty & Surety, Inc.Annotate this Case
Bail for Cruz, charged with various crimes, was set at $30,000. He was ordered to appear on February 18, 2015, for supervised pretrial release eligibility report, and on February 26, for a preliminary hearing. Financial posted a bail bond securing Cruz‟s release. On February 18, Cruz failed to appear. The court did not forfeit the posted bail until Cruz again failed to appear in court on February 26. A notice of forfeiture was mailed to Financial, stating the end of the appearance period was on September 26, 2015. On September 24, Financial moved to vacate the forfeiture and exonerate bail under Penal Code 1305(d), arguing that Cruz was deported to Honduras and that performance of the bail contract was rendered impossible. The court determined that the company’s only admissible evidence did not prove Cruz had been deported and granted summary judgment against Financial. The court of appeal affirmed, rejecting Financial’s arguments that, under Penal Code 1305, the trial court lost its jurisdiction over the bail bond by failing to declare a forfeiture when Cruz failed to appear at his first hearing and that performance of the bail contract was rendered impossible because defendant was permanently unable to appear. Financial failed to meet its burden of proving Cruz was deported.