Clerk’s Certification Satisfied Requirements for Notice of Bail Forfeiture
In The People v. Safety National Casualty Corporation, No. E047157 (July 15), Division Two of the Fourth Appellate District considered a surety’s appeal of a trial court denial of a motion to set aside forfeiture of a bail bond and to exonerate the bail. The surety contended that the trial court lost jurisdiction to declare the forfeiture because it contended the clerk failed to give notice of the forfeiture as required. The Court of Appeal affirmed. The surety’s argument was not based on the contention the clerk failed to comply with Penal Code Sections 1305 or 1306, but, rather that the clerk’s certificate failed to comply with Code of Civil Procedure Section 2015.5. The surety argued that a clerk’s certificate must meet all the criteria of Section 2015.5, including that it be signed under penalty of perjury. This assumes, the appellate court found, that the certificate must be sworn in some manner. But Section 2015.3 provides that a clerk’s certificate “has the same force and effect as his or her affidavit.” And, the Court went on, despite the surety’s argument, such a certificate has evidentiary value even if unsworn. The subclass identified in Section 2015.3 are sworn officers or officials with the power to administer oaths themselves, and the same standard applicable to the general population does not apply to them. The Court found a number of cases supporting this distinction in related and other contexts, and held that the same distinction was equally valid here.
July 15, 2010
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