People v. Accredited Surety & Casualty Co.
Annotate this CaseDefendant was charged with unlawful driving or taking of an automobile. When Defendant failed to appear, the court issued a bench warrant, setting bail at $50,000. Defendant was arrested. Accredited posted bail. Defendant was released from custody. Defendant appeared at two post-release hearings and was ordered to appear on February 18, for assignment of counsel. When he failed to appear, the court declared the bond forfeited, and issued a bench warrant. On February 22, the clerk of court mailed notice of bail forfeiture, giving Accredited until August 25 to move to vacate the forfeiture and to exonerate the bond. The matter was on the calendar on August 11, to recall the warrant. Defendant appeared at 10 a.m., but the bail bondsman did not. The court agreed, to pass the matter to late morning. Defendant again appeared, without the bondsman; the court continued the matter to 2 p.m. but still did not vacate the forfeiture nor exonerate the bond. Defendant did not appear in the afternoon, and the court ordered “the bench warrant to remain.” Upon the expiration of the exoneration period, the court entered summary judgment on the bond and sent Accredited notice of entry. Accredited moved to set aside summary judgment, arguing that the bail was exonerated by operation of law when defendant appeared on August 11. The court of appeal reversed; upon Defendant’s morning appearance, the bail was exonerated by operation of law (Pen. Code 1305(b)(1), (c)(1)).
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