People v. United Bonding Insurance

KINGSLEY, J.

Albert James Brown was charged with grand theft; appellant United Bonding Insurance Company posted a bail bond in his behalf, in the amount of $2,625. When the case was called for trial on March 10, 1964, neither Brown nor his counsel was present and the bond was forfeited. Some time between March 10, 1964, and April 1, 1964, Brown was apprehended by police officers.

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On April 3, 1964, the bonding company moved, under section 1305 of the Penal Code, to vacate the forfeiture, supporting its motion by

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two declarations.

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One, executed by an attorney-in-fact for the bonding company, avers that “the cause or reason for the said forfeiture was without the knowledge, consent, connivance or collusion” of the bonding company or any of its agents or representatives. The other declaration was executed by Brown. It sets forth his reason for nonappearanee, and affirmatively avers that his nonappearance “was without the knowledge or consent of the bail. ’ ’

The trial court peremptorily denied the motion; the bonding company has appealed.

Counsel for respondent concedes that, since the 1963 amendment to section 1305,

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it is a mandatory duty of a trial court when, as here, the bail relies on the second sentence of that section, to grant relief from forfeiture when either of the conditions

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set forth in that sentence is shown to exist.

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How

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