People v. Wilshire Insurance

Opinion

PARAS, J.

Action Bail Bonds and Wilshire Insurance Company appeal from orders denying their motion to vacate an order forfeiting bail.

Defendant Errol Hillebrenner was indicted on March 29, 1973, for a violation of section 11912 (now § 11379) of the Health and Safety Code. On April 20, 1973, a $7,000 bail bond was posted by Action Bail Bonds and the Wilshire Insurance Company.

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On May 4, 1973, the matter was set for plea negotiations. The defendant was not present. The following exchange took place between the court and George Arack, the deputy public defender representing the defendant.

“The Court: 42436, People vs. Errol Hillebrenner.

“Mr. Arack: Mr. Hillebrenner is presently on $7,000 bail. He was arrested after bailing out on this particular offense. I think there’s some kind of problem with him getting the trial date—or the pre-hearing date, rather. There’s also another action pending in San Francisco. So, there’s a possibility he might be in the San Francisco area. I talked with the Public Defender in San Francisco about the case. We’d ask that the matter go over to Tuesday, and I’ll attempt to have him here at that time.

“The Court: All right, Tuesday, May the 8th, 1973, at nine a.m. for further plea negotiations.

“Mr. Arack: Thank you.”

On May 8, 1973, when the plea negotiations again came on before the court, the defendant again failed to appear. The court ordered the bail forfeited, and a no bail bench warrant issued. On November 28, 1973, appellants filed a motion to set aside the forfeiture on grounds unrelated to this appeal. The motion was. denied on February 14, 1974, and summary judgment was entered the same day.

On February 28, 1974, appellants filed a notice of motion “to vacate and set aside order granting summary judgment and order of forfeiture and for exoneration of bail bond.” The sole ground for this motion was that the order and judgment were void for lack of jurisdiction. The motion was denied on March 21, 1974. On appeal, appellants renew their contention, asserting that on May 8, 1973, the trial court acted in excess of its jurisdiction in ordering the bail forfeited and that on May 4, 1973, the court lost jurisdiction to order a forfeiture when it failed to act upon defendant’s initial failure to appear.