County of Orange v. Allied Fidelity Ins. Co

In County of Orange v. Allied Fidelity Ins. Co. (1984) 161 Cal.App.3d 510, the defendant's sentencing hearing was continued to a later date, but the trial court nevertheless forfeited her bail when she did not appear on the original hearing date. After the defendant appeared on the correct hearing date, the trial court granted the Surety's request to exonerate the bond. Some months later, a court clerk confirmed, during a telephone call with the surety's employee, that the bail had been exonerated, and for that reason the surety did not file a motion to set aside the forfeiture. When summary judgment was entered, the surety filed a motion to set aside the summary judgment and exonerate the bond. (County of Orange, supra, 161 Cal.App.3d at pp. 511-512.) The trial court's denial of the motion was reversed by the appellate court, which agreed with the surety that the trial court had necessarily set aside the forfeiture when it exonerated the bond at the time of the continued sentencing hearing. (Id. at p. 512.) The appellate court expressly did not reach the Surety's argument that the county should be estopped due to the court clerk misleading the surety as to the status of the bond. (Ibid.)