Clara County Superior Court No.: B1367077 The Honorable
Robert M. Foley
M. Rorabaugh and Robert T. White for Defendant and Appellant.
Korb, County Counsel, and Sara J. Ponzio, Deputy County
Counsel, for Plaintiff and Respondent.
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
OF THE CASE
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
Court: Number 8, Natalie Duffy. Yes.
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.
Court: All right. You have a right, Ms. Duffy, to a trial
within 45 days from when you were arraigned last week. Do ...