People v. Lexington Nat. Ins. Corp. CA/4

Filed 1/28/14 P. v. Lexington Nat. Ins. Corp. CA/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A136832 & A137178 v. LEXINGTON NATIONAL INSURANCE (San Mateo County CORPORATION, Super. Ct. Nos. CIV517513 & SC070207C) Real Party in Interest and Appellant.

I. INTRODUCTION Real party in interest Lexington National Insurance Corporation (Lexington) appeals from the denial of its petition for relief from bond forfeiture (Pen. Code,1 § 1308), and from summary judgment entered in favor of respondent. Lexington had posted a bail bond in the amount of $120,000 for the defendant in a criminal case pending against him in the San Mateo County Superior Court. When the defendant failed to appear for trial, the trial court ordered the bond posted by Lexington forfeited. Summary judgment was later entered in favor of the forfeiture. Lexington appeals from both rulings, claiming that the notice it received of the forfeiture was constitutionally defective. We disagree, and conclude that the recent opinion by Division Three of this appellate district in People v. Accredited Surety & Casualty Co., Inc. (2013) 220 Cal.App.4th 1137 (Accredited Surety) is dispositive of 1 All further statutory references are to the Penal Code unless otherwise indicated.

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Lexington’s claims here. Accordingly, we affirm the trial court’s orders and resulting judgment. II. FACTUAL AND PROCEDURAL BACKGROUNDS On or about February 4, 2011, Lexington posted a bail bond in the amount of $120,000 for Xi Jin Huang in a criminal case pending against Huang in San Mateo County Superior Court Case No. SC070207C. Apparently, Huang had been charged in that case with violations of Health and Safety Code sections 11358 and 11359 (cultivation and possession of marijuana), and section 498, subdivision (d) (theft of utility services). The bond was to secure Huang’s appearance in court on July 11, 2011. Huang failed to appear on July 11, 2011, and the trial court declared Lexington’s bond forfeited, issued a bench warrant for Huang, and increased his bail to $200,000. A “Notice of Order Forfeiting Bail” was sent to Lexington on August 2, 2011, that read as follows: “You are hereby notified that Bail Bond No. ZZ8007, in the sum of $120,000.00 was forfeited on 07/11/11. Defendant having failed to appear for Jury Trial.” On January 31, 2012, Lexington filed a motion to extend the time for bail forfeiture, which was granted by the trial court, extending the time to August 14, 2012. Thereafter, Lexington filed a motion to vacate forfeiture and to exonerate the bond, which was opposed by respondent. The motion was heard and denied on September 28, 2012. Lexington filed a notice of appeal from that order on October 15, 2012. That appeal was later assigned case number A136832 by this court. A civil action number was then assigned to the matter of the bail forfeiture in San Mateo County Superior Court Case No. CIV517513, and summary judgment concerning the forfeiture was entered on October 23, 2012, by order granted on October 17, 2012. Notice of this summary judgment was served on Lexington on October 23, 2012. Lexington filed a notice of appeal from the summary judgment on November 26, 2012, which was later assigned case number A137178 by this court. At Lexington’s request,