People v. North River Insurance Co.
Annotate this CaseNorth River posted a $50,000 bail bond for Chirinos’s release from custody. Chirinos appeared in court on February 3 and March 3. The district attorney filed a “notice of motion for release of documents pursuant to subpoena.” The proof of service states that the public defender was served. Chirinos did not appear at the March 28 hearing; his attorney asked that Chirinos’s appearance be excused. The court did not respond but the “judge’s notes” state, “waived.” The court released the subpoenaed records and continued the matter until April 7 for the preliminary hearing. Judge’s notes indicate that the preliminary hearing was held and the case was set for arraignment. Chirinos was arraigned on April 18; the matter was continued until June 27. Chirinos failed to appear on June 27. The court ordered the bond forfeited, to be final in 180 days. North River unsuccessfully moved to vacate the forfeiture and exonerate the bail bond based on the court’s failure to order bail forfeited on March 28, 2016. The court of appeal reversed, exonerating the bond. The March 28 hearing was a “case-related proceeding[] that occur[red] in open court,” under Penal Code section 977(b), so Chirinos’s appearance was required. Although there is no evidence that Chirinos had actual notice of the hearing date, notice to him can be inferred from the notice to defense counsel, who was served and appeared. The record provides no rational basis for the court’s implicit finding of sufficient excuse.
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