County of Los Angeles v. Financial Casualty & Surety, Inc.
County of Los Angeles v. Financial Casualty & Surety, Inc.
Opinion
*312 Under Penal Code 1 section 1269b, subdivision (a) ( section 1269b(a) ), authorized jail personnel have the authority to "set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof." Section 1269b further provides that "[i]f a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his or her release from custody, Sections 1305 and 1306 apply." ( § 1269b, subd. (h).) Section 1305, former subdivision (a)(4) 2 in turn, explained that a court may declare the bail forfeited if a defendant fails to appear on "[a]ny other occasion prior to the pronouncement of judgment if the defendant's presence in court is lawfully required ." (Italics added.) The issue here is, does the jailer's authority "to set a time and place for the appearance of the arrested person" ( § 1269b(a) ) make that appearance "lawfully required" for purposes of forfeiting bail under section 1305, former subdivision (a)(4)?
**936 For reasons that follow, we conclude that it does.
FACTUAL AND PROCEDURAL BACKGROUND
On November 29, 2012, criminal defendant Sandra Chavezgarcia appeared in superior court for arraignment. She pleaded not guilty to four felony counts. After conferring with defense counsel on a possible date for pretrial conference, the court set the matter for January 3, 2013: "So that will be the order, then. We'll see you all back here on January 3rd." The November 29 minute order contained what the parties describe as the following "boilerplate language": "Matter is continued to date and time indicated below for pretrial conference. [¶] The court orders the defendant to appear on the next court date. [¶] ... Next scheduled event: 01/03/13 8:30 am *461 pretrial conference." Chavezgarcia was remanded to custody.
On December 12, 2012, Financial Casualty & Surety, Inc. (Financial Casualty), acting through an agent, executed a $110,000 bond for Chavezgarcia's release from custody. The preprinted bail bond form, which included the language, "ordered to appear in the above entitled court on," was filled in with the date January 3, 2013; other blank spaces on the form were filled in with pertinent information. The bail bond form provided that Financial Casualty "undertakes" that Chavezgarcia "will appear in the above-named court on the *313 date above," and that if it fails to perform, the court will order forfeiture of the bond and entry of summary judgment "as provided by Sections 1305 and 1306 of the Penal Code."
On January 3, 2013, Chavezgarcia was not present for the pretrial conference, but was represented by counsel. Based on Chavezgarcia's failure to personally appear, the trial court ordered bail forfeited and issued a bench warrant. The court clerk mailed the parties a notice of forfeiture. On July 3, 2013, the bail agent filed a motion to extend the appearance period to October 23, 2013. The court granted that motion and subsequently granted another motion extending the period to December 27, 2013. The period expired before any forfeiture was set aside. On January 8, 2014, the court granted summary judgment on the forfeited bond, and sent a notice of entry of judgment and demand for payment to Financial Casualty and the bail agent.
Financial Casualty filed a motion to set aside summary judgment on the ground that Chavezgarcia was not ordered to appear at the January 3, 2013, hearing. In opposing the motion, the County of Los Angeles (County) argued that the trial court did order Chavezgarcia to appear on January 3; she was required to be present pursuant to section 977; and the date on the bond was the same date the court ordered her to appear.
On May 16, 2014, the trial court granted Financial Casualty's motion. The court found there was "no specific order" for Chavezgarcia to appear at the January 3, 2013, hearing. The court also found itself "obliged to follow" the Court of Appeal's holding in
Safety National
, which judgment this court subsequently reversed. (See
People v. Safety National Casualty Corp
. (2016)
We granted review.
*314 DISCUSSION
Because the relevant facts are undisputed and only legal issues are involved, we conduct
**937
an independent review. (See
*462
Imperial Merchant Services, Inc. v. Hunt
(2009)
As we recently recounted, "The forfeiture of bail and related proceedings are a matter of statutory procedure governed by sections 1305 through 1308. [Citation.] 'The object of bail and its forfeiture is to insure the attendance of the accused and his obedience to the orders and judgment of the court.' [Citation.] 'While bail bond proceedings occur in connection with criminal prosecutions, they are independent from and collateral to the prosecutions and are civil in nature.' [Citation.] In that regard, the bail bond itself is a ' "contract between the surety and the government whereby the surety acts as a guarantor of the defendant's appearance in court under the risk of forfeiture of the bond." ' [Citation.] When a defendant who posts bail fails to appear at a scheduled hearing, the forfeiture of bail implicates not just the defendant's required presence, but constitutes a 'breach of this contract' between the surety and the government. [Citation.] Ultimately, if the defendant's nonappearance is without sufficient excuse, it is the surety who 'must suffer the consequences.' [Citation.]" (
Safety National
,
supra
, 62 Cal.4th at p. 709,
Under section 1305, former subdivision (a), the forfeiture of bail is authorized if a defendant, without sufficient excuse, fails to appear at an enumerated proceeding or on another occasion as " 'lawfully required.' " (
Safety National
,
supra
, 62 Cal.4th at p. 710,
Section 1269b, which consists of subdivisions (a) through (h), covers a range of bail-related subjects. As relevant here, subdivision (a) provides that specified jail personnel "may approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer as provided in the Insurance Code, to issue and sign an order for the release of the arrested person, and to set a time and place for the appearance of the arrested person before the appropriate court and give notice thereof ." ( § 1269b(a), italics added.) This authority to set the time and place for a defendant's appearance *315 has been included in section 1269b-with little change to the italicized language-since section 1269b was first enacted in 1945. (Stats. 1945, ch. 363, § 1, pp. 822-823.) 3
As contemplated, section 1269b(a) offers an arrested person held in custody-one who has not yet been arraigned-an expeditious process by which specified jail personnel, an authorized sheriff's or police department employee, or a court clerk may accept bail (in an amount previously fixed by warrant of arrest or countywide bail schedule); issue an order for the arrested
*463
person's release; and set a time and place for the next appearance, which is often the arraignment hearing. This administrative procedure is in lieu of the individualized, but somewhat cumbersome, written court approval set out under section 1269a, which requires a "written order of a competent court or magistrate admitting the defendant to bail" delivered to the officer having custody of the defendant. (See
County of Los Angeles v. Surety Ins. Co.
(1985)
In this case, however, Chavezgarcia did appear for her arraignment in superior court, where she pleaded not guilty to four felony counts and was remanded into custody. Though the trial court continued the matter to January 3, 2013 for a pretrial conference, the parties and the Court of Appeal have proceeded on the belief that the trial court did not actually order Chavezgarcia's appearance on that date. For this reason, we focus on whether the date and time set by the jailer under section 1269b(a) -also January 3, 2013, as reflected on the bail bond issued on Chavezgarcia's release from custody-may give rise to a "lawfully required" appearance under section 1305.
The County insists that based on section 1269b(a), there is a "clear presumption that the defendant's appearance in court is required on the date shown on the bond." The bail bond itself "makes the defendant's presence in *316 court 'lawfully required' " under section 1305. Financial Casualty, however, counters that section 1269b(a) does not "independently require," or provide a "separate basis" for, a defendant's presence for purposes of forfeiting bail under section 1305. In support, Financial Casualty points to subdivision (h) of section 1269b ( section 1269b(h) ). This subdivision provides that "[i]f a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his or her release from custody, Sections 1305 and 1306 apply." Financial Casualty maintains that section 1269b(h) merely " refers back to Penal Code section 1305 to determine when it is lawful to declare a forfeiture of bail," and "only requires the defendant to appear personally at those hearings covered by" section 1305, former subdivision (a).
Under the plain language of section 1269b, a jailer has authority "to set a time and place for the appearance of the arrested person." ( § 1269b(a), italics added.) This authority is not simply to suggest or propose, or as Financial Casualty asserts, to provide notice of, an appearance date. The cross-reference in section 1269b(h) makes clear that "[i]f a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his or her release from custody, Sections 1305 and 1306 apply." ( § 1269b(h), italics added.) Because a jailer's decision to set the time and place for an appearance is viewed as an "order[ ]" under section 1269b(h), this set appearance should likewise be considered "lawfully required" under section 1305. This interpretation is consistent with the related provision governing the issuance of a bench warrant when a defendant fails to appear "as required by law." (§ 978.5, subd. (a).) Section 978.5, subdivision (a)(2) provides: "A bench *464 warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including ... [i]f the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place." (Italics added.)
Contrary to Financial Casualty's assertion, the Legislature did not amend section 1269b-adding the reference to section 1305-in order "to only require the forfeiture of bail when required by Penal Code section 1305." The relevant legislative history instead shows a contrary purpose, one that squarely refutes this assertion. (See
People v. Allegheny Casualty Co
. (2007)
The bail forfeiture provision under section 1269b was first added in 1957, when the Legislature rewrote section 1269b. ( § 1269b, former subd. (c); Stats. 1957, ch. 2324, § 1, p. 4050.) Set out as the concluding paragraph in *317 the then newly designated subdivision (c), it originally did not refer to section 1305 and instead purportedly gave the court discretion to forfeit bail based on a defendant's failure to appear: "If a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his release from **939 custody, the court before which he was ordered to appear may forfeit the cash bail or surety bond, with or without issuing a warrant, and if the bail is a surety bond the surety company is obligated as provided by Section 1306 of the Penal Code, subject to the right of the court to set aside the forfeiture as provided by law." ( § 1269b, former subd. (c), italics added; Stats. 1957, ch. 2324, § 1, p. 4050.)
For nearly two decades after its enactment, courts apparently did not utilize this provision's "permissive" forfeiture of bail, but instead "until [then] recently followed the mandatory provisions of Section 1305." (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 1597 (1975-1976 Reg. Sess.) as introduced Feb. 13, 1976, p. 2.) However, in 1976-after a bail bondsman challenged a lower court's purported failure to exercise its discretion under section 1269b, former subdivision (d) 4 -the Legislature amended the provision. The Legislature sought to "eliminate any confusion as to the procedure to be followed in forfeiting bail," recognizing that "the present confusion provides a potential loophole for sureties to avoid forfeitures." (Assem. Off. of Research, 3d reading analysis of Sen. Bill No. 1597 (1975-1976 Reg. Sess.) as introduced Feb. 13, 1976, p. 1.) The intent of the 1976 legislation was "to enact a single procedure for the forfeiture of bail" and to "provide that in any forfeiture the provisions of Section 1305 shall apply." (Assem. Com. on Crim. Justice, Analysis of Sen. Bill No. 1597 (1975-1976 Reg. Sess.) (Assembly Committee Bill Analysis); Legis. Counsel's Dig., Sen. Bill No. 1597 (1975-1976 Reg. Sess.) 4 Stats. 1976, Summary Dig., p. 204 ["This bill would specifically make applicable in such bail forfeiture an express procedure of existing law for the general forfeiture of bail and enforcement and discharge of forfeiture of bail"].)
As amended, section 1269b, former subdivision (d), read: "If a defendant or arrested person so released fails to appear at the time and in the court so ordered upon his release from custody, the provisions of Sections 1305 and 1306 shall apply." (Stats.
*465 1976, ch. 808, § 1, p. 1861.) Except for minor revisions in 1988, this subdivision has essentially remained unchanged since its 1976 amendment. (See Stats. 1977, ch. 1257, § 121 [relettering former subds. (c) & (d) as subds. (g) & (h) ]; Stats. 1988, ch. 988, *318 § 1, subd. (g), p. 3222 [adding "or her" and deleting "shall" in front of "apply"]; Stats. 2003, ch. 149, § 76, p. 981 [redesignating subd. (g) as (h) ]; see ante , 234 Cal.Rptr.3d at p. 463, 419 P.3d at p. 938 [current version of § 1269b(h) ].)
As this legislative history confirms, section 1269b(h) 's reference to section 1305 does not mean that section 1269b is "limited by" section 1305 in the manner that Financial Casualty suggests. That is to say, if a jailer has "set a time and place" for the released defendant's next appearance pursuant to section 1269b(a), section 1305 does not further circumscribe whether that appearance is "lawfully required"; that appearance rather is one " 'otherwise required by law' " for purposes of forfeiting bail (
Safety National
,
supra
, 62 Cal.4th at p. 710,
To be sure, section 1269b is
subject to
section 1305 in that there is but a "single procedure for the forfeiture of bail," which includes forfeitures authorized under section 1269b. (Assembly Committee Bill Analysis,
supra
, at p. 1.) If a defendant who has been released on bail under section 1269b(a) fails to appear "at the time and in the court so ordered upon his or her release from custody" ( § 1269b(h) ), any resulting forfeitures "will now be covered solely by sections 1305
**940
and 1306 which make forfeiture mandatory if the defendant fails to appear" (Enrolled Bill Memo,
supra
, at p. 1). In arguing that section 1269b(a) does not provide a
separate
or
independent
basis to require a defendant's presence in court, however, Financial Casualty presupposes that there must be a court order to appear, which is incorrect. (See
People v. American Bankers Ins. Co
. (1990)
Moreover, the cases on which Financial Casualty relies-suggesting that anything short of a court order is insufficient to require a defendant's appearance-are inapposite. (See
Ranger
,
supra
,
*319
American Surety
,
supra
,
In each case, the sufficiency of the 1269b notice was not at issue. (
American Surety
,
supra
, 178 Cal.App.4th at p. 1440,
Financial Casualty further argues that because a trial court should "have the ability to control the processes of the court" and should "be free to set appearances," it cannot be bound by any conflicting date set by the jailer; in other words, such a date set under section 1269b(a) cannot give rise to a "lawfully required" appearance under section 1305, former subdivision (a)(4). Contrary to Financial Casualty's suggestion, the question posed-what date controls if the dates shown on the bond and in a court order conflict-is not relevant here. (See
People v. National Auto. & Cas. Ins. Co
. (1977)
*320
Contrary to Financial Casualty's suggestion,
National Auto.
does not support its position.
National Auto.
, which did not discuss, much less rely on, section 1269b, explained that a forfeiture of bail based on a defendant's failure to appear was improper where the appearance date was indicated on
**941
a bail bond but not ordered by the court. (
National Auto.
,
supra
, 77 Cal.App.3d at p. Supp. 9,
In the present case, Chavezgarcia's obligation to appear was not simply the
*467
result of an agreement between Financial Casualty and herself. (See
ante
, 234 Cal.Rptr.3d at pp. 461-462, 419 P.3d at pp. 936-937;
Safety National
,
supra
, 62 Cal.4th at p. 709,
We reverse the Court of Appeal's judgment and remand for further proceedings consistent with our opinion.
WE CONCUR:
CANTIL-SAKAUYE, C.J.
CORRIGAN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.
EDMON, J. *
Presiding Justice of the Court of Appeal, Second Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Effective January 1, 2017, the Legislature amended section 1305, and redesignated this subdivision as (a)(1)(D). (Stats. 2016, ch. 79, § 1.) This opinion refers to former subdivision (a)(4), which was effective from January 1, 2013 through December 31, 2016, because it governed at the times relevant to this case.
As enacted in 1945, the provision stated: "The authority to accept bail as in this section provided shall include authority to approve the same, to issue and sign an order for the release of the defendant, and to set a time and place for the appearance of the defendant before the appropriate division or judge of such court and give the defendant notice thereof ." (Former § 1269b, italics added; Stats. 1945, ch. 363, § 1, p. 823.) In 1957, the Legislature replaced "appropriate division or judge of such court and give the defendant notice thereof" (Stats. 1945, ch. 363, § 1, p. 823) with "appropriate court and give notice thereof ..." (Stats. 1957, ch. 2324, § 1, p. 4049).
Between 1957 and 1976, the Legislature amended this bail forfeiture provision numerous times; as relevant here, it redesignated then subdivision (c) as subdivision (d) in 1973 without any substantive change. (Stats. 1973, ch. 810, § 1, pp. 1443-1444.)
We disapprove
People v. Accredited Surety & Casualty Co
. (2012)
Even under
National Auto.
's rationale, this appearance would be considered "lawfully required": "Only when a defendant fails to appear on a date ordered by the court (
or otherwise required by law
...) do the provisions of section 1305 require that a forfeiture be declared in the absence of an excuse or a reasonable belief that an excuse may exist." (
National Auto.
,
supra
, 77 Cal.App.3d at p. Supp. 9,
Based on this conclusion, we do not address the County's additional claim that Chavezgarcia's presence at the January 3, 2013 hearing was otherwise required pursuant to section 977, subdivision (b)(1), because she was charged with a felony.
Reference
- Full Case Name
- COUNTY OF LOS ANGELES, Plaintiff and Appellant, v. FINANCIAL CASUALTY & SURETY, INC., Defendant and Respondent.
- Cited By
- 18 cases
- Status
- Published