California Court of Appeal

After criminal defendant failed to appear at preliminary hearing, forfeiture of bail posted by defendant insurer and subsequent entry of summary judgment against insurer, is reversed, as under Penal Code section 1305(a) courts lack jurisdiction to declare a forfeiture of bail if the case is dismissed or if no complaint is filed within 15 days after the arraignment date originally set by the jailor.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• VOGEL, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant., Raymond G. Fortner, Jr., County Counsel, and Brian T. Chu, Senior Deputy County Counsel, for Plaintiff and Respondent.