Bail Forfeiture Upheld Where Lack of Notice To Surety Resulted From Office Move Not Communicated To Court
In the unpublished case of County of Orange v. Continental Heritage Insurance Company, No. G041767 (March 4), Division Three of the Fourth Appellate District upheld a trial court’s decision to refuse to discharge an order of forfeiture where the surety argued that it did not receive notice of the forfeiture proceedings.В The appellate court agreed that the lack of notice resulted from the surety having moved its offices without advising the court.В Since the clerk had properly provided notice in accord with Penal Code Section 1305 (d), requiring use of the “mailing address of the corporate surety” if “plainly displayed” on the bond, the surety’s argument was found unavailing.В This was so despite the fact the notice was returned to the court with the surety’s new address marked on it.
March 4, 2010
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