Forfeiture Voided Because Client Was Without Excuse PDF Print E-mail
In People v. American Contractors Indemnity Co., 2008 WL 2897292 (Cal.App. July 29, 2008) the defendant failed to appear, the court first declared a forfeiture, then vacated its order and continued the case.  The defendant again failed to appear but the case was continued without any indication in the record that his failure to appear was excused.  He appeared on several more court dates but ultimately failed to appear and the bond was forfeited.  After one extension of the appearance period, the court denied a further extension and entered summary judgment.  On the surety's appeal, the court did not reach the surety's claims based on lack of notice after the first, vacated forfeiture or refusal to extend the appearance period because it reversed the judgment and exonerated the bond based on the trial court's failure to forfeit the bond on the occasion of the second failure to appear.  There was no finding of sufficient excuse and nothing in the record to indicate why the defendant failed to appear, therefore the court had to declare a forfeiture in open court or lose jurisdiction to do so at a later date.  Since no forfeiture was declared at that time, the later forfeiture was void.  [Not Published].