County of Los Angeles v. Granite State Insurance Company

In County of Los Angeles v. Granite State Insurance Company (2004) 121 Cal.App.4th 1, the trial court forfeited bail and issued a bench warrant on February 13, 2001, when the defendant failed to appear as ordered. The minute order, however, stated that the court "had found 'good cause not to forfeit bail' and had ordered the warrant held to March 6, 2001." (Id. at p. 2.) On March 6, the defendant again failed to appear. "The trial court noted that it had 'held a bench warrant till today.' It again issued a bench warrant . . . and 'forfeited' bail." (Id. at p. 3.) On March 9, the trial court issued a notice of forfeiture, which stated that the forfeiture was for the failure to appear on March 6; the notice did not mention the February 13 hearing. Subsequently, the trial court entered summary judgment on the bond; it denied the surety's motion to set the judgment aside. On appeal, the court reversed the order and directed the trial court to exonerate the bond. It found notwithstanding the February 13 minute order, the trial court had declared a forfeiture on that date. "We . . . decline to let the clerk overrule the judge by issuing a minute order that bears no resemblance to what took place during the hearing." (County of Los Angeles v. Granite State Insurance Company, supra, 121 Cal.App.4th at p. 3.) And it found the March 9 notice could not be construed to encompass the February 13 forfeiture. "The bottom line is that on March 6, there was no bail to forfeit. The court had ordered the bail forfeited on February 13. The surety was entitled to notice of that forfeiture within 30 days." (Ibid.)