People v. Internat. Fidelity Ins. CA5

Filed 7/9/14 P. v. Internat. Fidelity Ins. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067198 Plaintiff and Respondent, (Super. Ct. No. F11903487) v.

INTERNATIONAL FIDELITY INSURANCE OPINION COMPANY,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. E. Alan Nunez for Defendant and Appellant. Kevin B. Briggs, County Counsel, and Evan A. Merat, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Kane, J.

We hold that a forfeited bail bond may not be exonerated under Penal Code1 section 1305, subdivision (f), where the California county prosecuting agency was never informed of the arrestee’s out-of-state custody and where his release was due to the actions of California State Parole. We therefore affirm the summary judgment denying the motion of International Fidelity Insurance Company (International) to vacate its bond forfeiture and exonerate its bail bond. PROCEDURAL HISTORY Jonathan McDowell was arrested for felony hit and run and misdemeanor resisting arrest in Fresno County. International, through bail bond agency Lucky Bail Bonds (Lucky), posted a $140,000 bail to secure the release of McDowell. On August 16, 2012, McDowell failed to appear in court, and the court ordered the bond forfeited and issued a bench warrant. Notice of forfeiture was mailed to International and Lucky on the same day. On February 11, 2013, International timely filed a motion to vacate forfeiture and exonerate bail pursuant to section 1305. The People filed an opposition. On March 22, 2013, the court issued a ruling denying the motion. Summary judgment was entered on the forfeiture on April 4, 2013. (§ 1306.) International and Lucky filed a timely appeal on April 16, 2013. FACTS After receiving the bail forfeiture notice, Lucky began an investigation to discover McDowell’s whereabouts. Barry Pearlstein, owner of Lucky, contacted Ernie Muro of the California Department of Corrections and Rehabilitation (CDCR), who referred him to Parole Agent Ron Ladd, defendant’s parole officer. Ladd showed little interest in the case and stated he did not have time to look for McDowell. Subsequently it was discovered that McDowell was in Pasco, Washington. Pearlstein contacted Agent Rick Shaw of the United States Department of Justice, to whom he forwarded a copy of his 1 Unless otherwise noted, all further statutory references are to the Penal Code.