Judge: Matthew C. Braner, Case: 37-2023-00015208-CU-EN-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Enforcement Motion to Dismiss 37-2023-00015208-CU-EN-CTL PEOPLE OF THE STATE OF CALIFORNIA VS ALLEGHENY CASUALTY COMPANY CAUSAL DOCUMENT/DATE FILED:

Defendant Allegheny Casualty Company's motion to set aside summary judgment on bond forfeiture is GRANTED.

The court notes Plaintiff People of the State of California filed a notice of non-opposition to Defendant's motion. (ROA #10.) 'It has been repeatedly held that since the law disfavors forfeitures and statutes imposing them, such as this one, the statute must be strictly construed in favor of the surety to avoid the harsh results of a forfeiture. It is also to be construed in light of the principle that 'where a statute requires a court to exercise its jurisdiction in a particular manner, follow a particular procedure, or subject to certain limitations, an act beyond those limits is in excess of its jurisdiction.'' (People v. Wilshire Ins. Co. (1975) 46 Cal.App.3d 216, 220.) Penal Code section 1305, subdivision (a)(1), states: A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following: - Arraignment.

- Trial.

- Judgment.

- Any other occasion prior to the pronouncement of judgment if the defendant's presence in court is lawfully required.

- To surrender himself or herself in execution of the judgment after appeal.

Here, the criminal defendant, Travis Thompson, failed to appear in court on March 3, 2022, and the minute order reflects that bond was ordered forfeited. (ROA #8, Ex. B.) However, a review of the hearing transcript reveals that the court issued a bench warrant for Mr. Thompson, but did not declare bail forfeited 'in open court.' This failure to declare the bond forfeited in open court is a jurisdictional defect that requires the release of Defendant's obligation. (County of Madera v. Ranger Ins. Co., supra, 230 Cal.App.3d at p. 279.) Accordingly, the April 12, 2023 summary judgment on bail bond forfeiture is vacated, and Bail Bond No.

AS50K10378 is ordered exonerated.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3046531  11 CASE NUMBER: CASE TITLE:  PEOPLE OF THE STATE OF CALIFORNIA VS ALLEGHENY  37-2023-00015208-CU-EN-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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