Citations
- 212 Cal. App. 4th 1556
Full opinion text
Opinion
ELIA, J.
Appellant International Fidelity Insurance Company, through its San Jose agent, issued bail bonds upon two misdemeanor arrests, first of Saul Contreras and later of his alias, Javier Escobar. In separate proceedings the trial court learned that defense counsel had lost contact with the defendant, and on each occasion it ordered the bond forfeited. Appellant contends that these orders were improper because the attorney was authorized to appear on Contreras’s behalf at each pretrial hearing. We agree and therefore must reverse the order denying appellant’s motion to vacate forfeiture of the bonds.
Background
On March 18, 2010, the People filed a misdemeanor complaint accusing Saul Contreras of driving under the influence of alcohol, in violation of Vehicle Code section 23152, subdivisions (a) and (b), with a blood-alcohol level of 0.15 percent. Three days earlier when Contreras was arrested, appellant (through its bail agent, Amigo Bail Bonds) had posted an $11,000 bond for his appearance in court to answer the charges. Arraignment on the March 18 complaint took place on April 29, 2010. Contreras was not present, but attorney Michael Paez appeared for him with a not guilty plea. Pretrial conferences took place on May 25 and June 22, 2010; each time Paez appeared for Contreras in the defendant’s absence. At the June 22 hearing counsel obtained a continuance to July 20, 2010, saying he needed Contreras to come to his office and sign some papers.
Meanwhile, on May 1, 2010, Contreras was arrested again, this time for driving with a suspended license as well as driving under the influence of alcohol and with a blood-alcohol level of more than 0.08 percent (again 0.15 percent or more). Professing that identity resulted in an additional charge of giving a false name to a peace officer (Pen. Code, § 148.9) in the People’s ensuing complaint, filed against Contreras on May 25, 2010. Arraignment on the new charges took place on June 15, 2010, and a pretrial conference on June 29, both with Contreras absent and Paez appearing for him. At the June 29 proceeding Paez advised the court that he was “in the process of reconnecting with Mr. Contreras,” and he asked for a continuance of four weeks. The court granted that request and set the matter for a further pretrial conference on July 29, 2010.
At the beginning of the July 20 pretrial conference on the first complaint, Paez immediately informed the court (referring to the defendant as “Mr. Escobar”) that he was appearing on the defendant’s behalf. Paez added, “Judge, Mr. Escobar’s wife contacted me about a month ago, indicating Mr. Escobar was no longer in the country and is unable to return. If that changes, I will inform the Court and put him on calendar. But at this point, I’ve lost contact with him.” The prosecutor then requested issuance of a bench warrant. The court commissioner issued the warrant and ordered the bail bond forfeited. A notice of bail forfeiture was filed the next day, July 21, 2010, with the forfeiture to become final on January 22, 2011.
The July 29 pretrial conference on the second complaint ended the same way. At the outset, Paez represented to the court that he was appearing on Contreras’s behalf. He then explained, “Judge, we put this over for me to attempt to contact Mr. Contreras. He had another matter pending as well in a different department. I’ve lost contact with him. The last I heard, his wife was trying to get him back in the country. It’s been a couple months now.” At the court’s inquiry counsel confirmed his “understanding” that Contreras had been in Mexico “since some time in June.” The following colloquy then took place: “THE COURT: What would you like to do? [