County of Los Angeles v. Financial Casualty & Surety, Inc.
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A jailer’s authority “to set a time and place for the appearance of the arrested person” under Cal. Penal Code 1269b(a) makes that appearance “lawfully required” for purposes of forfeiting bail under Cal. Penal Code 1305, former subdivision (a)(4), under which a court may declare the bail forfeited if a defendant fails to appear on “[a]ny other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required.”
Based on a criminal defendant’s failure to personally appear for a pretrial conference, the trial court ordered her bail forfeited. The court then granted summary judgment on the forfeited bond and sent a demand for payment to Financial Casualty & Surety, Inc. Financial Casualty moved to set aside summary judgment on the ground that the defendant was not ordered to appear at the hearing. The trial court granted the motion. The Court of Appeal affirmed. The Supreme Court reversed, holding that the defendant’s obligation to appear to the hearing was “lawfully required” under section 1305 because, when she was released on bond, the jailer set the time and place for her next appearance, as authorized under section 1269b(a).
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