People v. International Fidelity Insurance Co

In People v. International Fidelity Insurance Co. (2012) 212 Cal.App.4th 1556, International Fidelity Insurance Company (the surety) "issued bail bonds upon two misdemeanor arrests, first of Saul Contreras and later of his alias, Javier Escobar. In separate proceedings the trial court learned that defense counsel had lost contact with the defendant, and on each occasion it ordered the bond forfeited." (Id. at p. 1558.) The surety moved to vacate the forfeiture on the ground Contreras's presence had not been "lawfully required" under section 1305 because section 977 permits counsel to appear on behalf of a defendant charged with a misdemeanor. (International Fidelity, supra, 212 Cal.App.4th at pp. 1559-1560.) Alternatively, the surety maintained the bail bond should have been forfeited the first time defendant failed to appear and the trial court lost jurisdiction to do so thereafter. (Id. at p. 1560.) The appellate court concluded that because counsel had appeared on his client's behalf as permitted by section 977, defendant had not been lawfully required to appear at the pretrial conferences under section 1305 and, therefore, the trial court had no authority to order the bail bond forfeited. (International Fidelity, supra, 212 Cal.App.4th at p. 1562.) It reasoned, "'The forfeiture or exoneration of bail is entirely a statutory procedure, and forfeiture proceedings are governed entirely by the special statutes applicable thereto. . . . .' . Because the law disfavors forfeitures, the bail statutes must be construed strictly to avoid forfeiture, and the procedures set forth therein must be '"precisely followed or the court loses jurisdiction and its actions are void.'" ." (Id. at p. 1561.) The court concluded, "Subdivision (a) of section 977 permitted Contreras to be represented in the pretrial misdemeanor proceedings by his attorney, no showing was made that counsel was doing so without Contreras's authorization, and no specific court order commanded Contreras to be personally present at either of the . . . hearings. The bail forfeiture orders cannot stand." (International Fidelity, supra, 212 Cal.App.4th at p. 1564.) In its disposition, the court in International Fidelity stated, "The order denying appellant's motion is reversed. The trial court is directed to vacate the forfeiture of the bonds and exonerate them, and to vacate the . . . judgments entered for the county on the two bonds. Appellant is entitled to its costs on appeal." (Id. at p. 1564.) Simply stated, the court held the improper forfeiture orders were void and it directed exoneration of the bonds.