People v. Ranger Insurance

Opinion

MOORE, J.

Ranger Insurance Company seeks relief from an order forfeiting bail on the grounds that the bond it issued in this matter was void from the outset. We find this contention without merit and affirm the order.

I

FACTS

On February 7, 2004, Frederick Hoisington was arrested by the Huntington Beach Police Department for a violation of Health and Safety Code section 11377, subdivision (a) (possession of a controlled substance) and on a fugitive felony warrant for Maricopa County, Arizona, for one count of aggravated domestic violence. On February 19, the district attorney filed a fugitive criminal complaint pursuant to Penal Code section 1551. At arraignment, bail was set at $50,000.

[1564]

On March

4,

2004, Ranger Insurance Company (Ranger) issued a $50,000 bail bond for Hoisington. This bond was not labeled as a “fugitive” bail bond. Hoisington appeared in court the next day, the bail was deemed sufficient and the court ordered the defendant to appear on March 15. On March 15, when the defendant failed to appear in court, the bail was declared forfeited. Notice of forfeiture was mailed on March 16.

Summary judgment was entered on November 16, 2004, with notice mailed on November 19. On January 18, 2005, Ranger moved to set aside the judgment on the grounds that the court lacked jurisdiction to forfeit the bond, because it was an ordinary appearance bond posted in proceedings that required a fugitive bail bond. The court denied the motion.

II

DISCUSSION

Request for Judicial Notice

Respondent County of Orange (the County) requests that we take judicial notice of the “Register of Actions” in the Hoisington case. Pursuant to Evidence Code sections 452, subdivision (d) and 459, the request is granted.