P. v. Continental Heritage Ins. Co. CA4/3

Filed 6/10/13 P. v. Continental Heritage Ins. Co. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047091

v. (Super. Ct. No. 10HF1185)

CONTINENTAL HERITAGE OPINION INSURANCE COMPANY,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Craig E. Robison, Judge. Affirmed. Law Offices of Brendan Pegg and Brendan Pegg for Defendant and Appellant. Nicholas S. Chrisos, County Counsel and Mark Batarse, Deputy County Counsel, for Plaintiff and Respondent. * * *

In July 2010, Alireza Al Sazefari was arrested on felony domestic violence charges, and appellant Continental Heritage Insurance Company issued him a bail bond for $150,000. Al Sazefari was personally present for his arraignment on those charges on Monday, November 15, 2010, but his retained defense counsel was not present. At that hearing Al Sazefari was specifically ordered by the trial judge to surrender his Iranian and American passports to the prosecutor for safekeeping within 48 hours, but because his counsel was absent, the arraignment itself was continued to December 20, 2010. Al Sazefari failed to surrender his passports, so the prosecutor‟s office notified the trial judge‟s staff about it. Upon receiving this message the judge decided he was not going to take “unilateral” action, but rather scheduled a hearing for the afternoon of Thursday, November 18, 2010, so that Al Sazefari‟s lawyer could have notice and be present. No one, however, appears to have notified Al Sazefari. At the Thursday afternoon hearing, the prosecutor asked the trial judge to revoke Al Sazefari‟s bail in light of his noncompliance with the order to surrender the passports. The trial judge, however, declined, “because the defendant was not ordered by the court to be here.” The judge also kept the December 20 arraignment date. But when Al Sazefari did not show up at the December 20 arraignment, the court ordered the bail bond forfeited. More than 16 months later, in April 2012, Continental Heritage filed a motion to vacate that forfeiture. The court denied the motion and this appeal ensued.1