Opinion
B298995
07-09-2020
THE PEOPLE, Plaintiff and Respondent, v. FINANCIAL CASUALTY & SURETY, INC., Defendant and Appellant.
Law Office of John Rorabaugh, John Mark Rorabaugh and Crystal L. Rorabaugh for Defendant and Appellant. Mary C. Wickham, County Counsel, and LaTasha N. Corry, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. OSJ2292) APPEAL from a judgment of the Superior Court of Los Angeles County, Victoria B. Wilson, Judge. Reversed and remanded with directions. Law Office of John Rorabaugh, John Mark Rorabaugh and Crystal L. Rorabaugh for Defendant and Appellant. Mary C. Wickham, County Counsel, and LaTasha N. Corry, Deputy County Counsel, for Plaintiff and Respondent.
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In this bail forfeiture case, Financial Casualty & Surety, Inc. appeals an order denying its motion to vacate forfeiture and exonerate bail. Financial Casualty & Surety contends the trial court did not have jurisdiction to declare a forfeiture because it did not forfeit bail at an earlier hearing when Kenneth Dwayne Golden failed to appear. Respondent agrees the court was without jurisdiction to declare a forfeiture, and does not oppose reversal and remand. We therefore reverse and remand with directions to vacate the forfeiture and exonerate the bond.
BACKGROUND
Kenneth Dwayne Golden was charged with felony driving under the influence causing bodily injury (Veh. Code, § 23153, subd. (a)), among other charges. Financial Casualty & Surety posted a $150,000 bond for his release from custody. Mr. Golden failed to appear at a February 22, 2018 hearing, for which he had been ordered to appear. There was no excuse for his nonappearance, but the trial court did not order bail forfeited on February 22, 2018. Bail was ordered forfeited on April 9, 2018, after Mr. Golden again failed to appear. The trial court denied Financial Casualty & Surety's motion to vacate forfeiture and exonerate bail, and Financial Casualty & Surety filed a timely notice of appeal.
DISCUSSION
Penal Code section 1305 provides that a court must declare a bail bond forfeited when a defendant fails to appear on an occasion when his or her presence in court is lawfully required, without sufficient excuse. (Id., subd. (a)(1)(D).) "If the court fails to declare a forfeiture at the time of the defendant's unexcused absence, it is without jurisdiction to do so later." (People v. Safety National Casualty Corp. (2016) 62 Cal.4th 703, 710.) Further, if a court fails to declare a forfeiture as required by section 1305, it loses jurisdiction over the bond and a subsequent summary judgment is rendered void. (People v. Amwest Surety Ins. Co. (2004) 125 Cal.App.4th 547, 550.)
DISPOSITION
The judgment is reversed, and the matter is remanded with directions to vacate the forfeiture and exonerate the bond. Appellant may recover its costs on appeal.
GRIMES, J.
WE CONCUR:
BIGELOW, P. J.
WILEY, J.