People v. Ranger Insurance

Opinion

GILBERT, P. J.

Here we hold that a defendant’s appearance in the office of the clerk of the court is not equivalent to an appearance in court for the purpose of exonerating a bail bond. (Pen. Code, § 1305, subd. (c)(1).)

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We also hold the clerk of the court has no duty to execute an arrest warrant.

FACTS

Jimmy Palmer was arrested in Ventura County on drug-related charges. He posted a bond in the amount of $55,000 to guarantee his appearance in court. Ranger Insurance Company (Ranger) is surety on the bond.

On January 14, 2004, Palmer failed to appear in court. The court declared bail forfeited and issued a warrant for Palmer’s arrest. Notice of forfeiture was mailed to Ranger on January 15, 2004.

On January 16, 2004, the clerk of the court recalendared Palmer’s appearance for January 20, 2004. A note in the court’s docket report states: “Case on calendar at request of the defendant who appeared at the counter.”

Palmer again failed to appear on January 20, 2004, and has made no other appearance. The court entered summary judgment against Ranger on August 13, 2004, more than 185 days after the mailing of the notice of forfeiture.

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On September 7, 2004, Ranger moved to set aside the summary judgment and for relief from forfeiture. The trial court denied the motion.

DISCUSSION

Ranger contends Palmer’s appearance at the clerk’s office on January 16, 2004, is sufficient to satisfy section 1305, subdivision (c)(1).

Section 1305, subdivision (c)(1) requires the court on its own motion to vacate forfeiture and exonerate the bond “[i]f the defendant appears ... in court within 180 days of the date of forfeiture . . . .”