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People v. Lexington National Ins. Corp.

California Court of Appeals, Sixth District

July 28, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
LEXINGTON NATIONAL INSURANCE CORPORATION, Defendant and Appellant.

         Santa Clara County Superior Court No.: B1367077 The Honorable Robert M. Foley

Page 1145

         COUNSEL

         Robert M. Rorabaugh and Robert T. White for Defendant and Appellant.

         Orry P. Korb, County Counsel, and Sara J. Ponzio, Deputy County Counsel, for Plaintiff and Respondent.

Page 1146

         OPINION

         RUSHING, P.J.

         Lexington National Insurance Corporation (Lexington) appeals a judgment entered following the trial court’s denial of its request for relief from bail forfeiture. On appeal, Lexington argues that the court lacked jurisdiction to declare the bail forfeited, because the defendant in the case, Natalie Duffy, was not required to attend the hearing at which she failed to appear.

         STATEMENT OF THE CASE

         Duffy was charged with misdemeanor child endangerment (Pen. Code, § 273a, subd. (b)), and resisting arrest (Pen. Code, § 148, subd. (a)(1)). On August 23, 2013, Lexington posted a $50, 000 bail bond for Duffy’s release from custody. Duffy appeared in court on August 29, 2013, at which time the court set a pre-trial hearing for October 1, 2013. The court ordered Duffy to appear at the next hearing as follows:

         “The Court: Number 8, Natalie Duffy. Yes.

         “Mr. Cummins: She’s present. Tom Cummins with the public defender’s office on her behalf. Your Honor, in this case we are requesting to waive time and continue it four or six weeks for investigation.

         “The Court: All right. You have a right, Ms. Duffy, to a trial within 45 days from when you were arraigned last week. Do ...


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