People v. Safety National

Filed 4/9/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B243773

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA066432) v.

SAFETY NATIONAL CASUALTY INSURANCE CO.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Martin L. Herscovitz, Judge. Reversed with directions.

John Mark Rorabaugh for Defendant and Appellant.

John F. Krattli, County Counsel, Ruben Baeza, Jr., Assistant County Counsel, and Joanne Nielsen, Deputy County Counsel, for Plaintiff and Respondent.

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Safety National Casualty Co. appeals from the trial court order forfeiting the bail bond it had posted for a criminal defendant. We reverse because the hearing where the defendant failed to appear was not one at which his presence was required and the defendant had not been ordered to appear.

FACTS AND PROCEDURAL HISTORY

Elshaddai Machabeus Bent was charged with felony drunk driving in November 2010. Bail was set at $25,000, and the bail bond was executed by Safety National Casualty Co. through its agent, High Five Bail Bonds. Between November 2010 and April 5, 2011, Bent, who was represented by counsel, appeared at several hearings held before different judges or court commissioners. At the conclusion of some of those hearings, the trial court said, “bail will stand.” At some, it ordered Bent to appear at the next hearing. At others, it said both, and others it said neither. At a March 1, 2011 hearing, the trial court asked defense counsel, “[w]hat’s your preference for pretrial?” Defense counsel said early April and the trial court said the “pretrial conference” would be held April 5, 2011. At the end of that hearing, the trial court did not say that bail would stand or order Bent to appear on April 5. On April 5, 2011, Bent appeared before Judge Martin L. Herscovitz for the first time. The trial court said there had been settlement discussions and an agreement “to put the case over to May 2 with the understanding that any trial would be within 45 days of that day.” Defense counsel said April 29 was a better date and the hearing was continued until then. After Bent agreed to waive his speedy trial rights the trial court said “bail will stand.” When Bent did not appear at the April 29 hearing, Judge Herscovitz declared Bent’s bail forfeited. Safety National then had 180 days in which to seek vacation of the forfeiture order in the event Bent was returned to custody. (Pen. Code, § 1305,