People v. Int'l Fid. Ins. Co.

• Decision Date: 24 June 2010
• Docket Number: No. G042328.,G042328.
• Citation: 185 Cal.App.4th 1391,111 Cal.Rptr.3d 460
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant and Appellant.

185 Cal.App.4th 1391

111 Cal.Rptr.3d 460

The PEOPLE, Plaintiff and Respondent,

v.INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant and Appellant.

No. G042328.

Court of Appeal, Fourth District, Division 3, California.

June 24, 2010.

COPYRIGHT MATERIAL OMITTED.

Nunez & Bernstein and E. Alan Nunez, for Defendant and Appellant.

Nicholas S. Chrisos, County Counsel, and Nicole M. Walsh, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

FYBEL, J.

Introduction

International Fidelity Insurance Company (International Fidelity) issued a bail bond for the appearance in court of Daniel Rojas on criminal charges. When Rojas failed to appear, the bail was forfeited. International Fidelity's motion to vacate the forfeiture and exonerate bail was denied, and this appeal followed. We affirm.

We hold that by the express language of its bond, International Fidelity undertook to ensure Rojas's appearance to answer not only the charges alleged in the original complaint, but also those charges in the first amended information. Although Rojas was subject to a greater potential maximum penalty under the first amended information than he had been under the original complaint, the charges in the first amended information were based on the same acts alleged in the complaint. As a result, in a case of first impression in this state, we conclude the trial court did not err in denying the motion to vacate the forfeiture and exonerate the bond.

We also conclude the certificate of mailing of the notice of forfeiture, which was signed by a deputy clerk on behalf of the clerk of the court, was properly executed.

Statement of Facts and Procedural History

In November 2006, Rojas was charged in a felony complaint with attempted murder (Pen.Code, §§ 187, subd. (a), 664, subd. (a)); second degree robbery ( id., §§ 211, 212.5, subd. (c)); and aggravated assault ( id., § 245, subd. (a)(1)). (All further statutory references are to the Penal Code, unless otherwise noted.) Sentencing enhancements for personal use of a deadly weapon, a knife (§§ 12022, subd. (b)(1), 1192.7), and infliction of great bodily injury (§§ 12022.7, subd. (a), 1192.7, 667.5) were alleged. All crimes were alleged to have been committed against Can Quach on December 17, 2005.

International Fidelity issued bail bond No. II 429176 for Rojas's release from custody on November 13, 2006. Rojas was arraigned on the charges in the felony complaint on December 29, 2006.

In January 2007, the district attorney filed an amended felony complaint. ¹ In addition to the crimes and enhancements alleged in the original complaint, the first amended complaint charged Rojas with committing second degree robbery against Thao Nguyen on December 17, 2005, and further alleged Rojas personally used a deadly weapon in doing so. In March 2007, a second amended complaint was filed; the same charges and enhancements were alleged against Rojas, but a second defendant, Juan Jeser Leon, was alleged to have committed the attempted murder and second degree robbery of Quach with Rojas.

In April 2007, Rojas was held to answer on all charges. The district attorney then filed an information, which added another count of second degree robbery committed by Rojas on December 17, 2005, against a third victim, Kim Tran; it was alleged that Rojas personally used a deadly weapon, a knife, in committing this crime, too. The information charged Leon with committing all of the aforementioned crimes, and alleged he, too, had personally used a deadly weapon in committing those crimes. Finally, on June 15, 2007, a first amended information was filed charging Rojas with two separate counts of the attempted premeditated and deliberate murder of Quach (§§ 187, subd. (a), 664, subd. (a)); three counts of second degree robbery, one each against Quach, Nguyen, and Tran (§§ 211, 212.5, subd. (c)); and two counts of aggravated assault against Quach (§ 245, subd. (a)(1)). The first amended information alleged that in committing the attempted murders and the robberies, Rojas personally used a deadly weapon, a knife (§§ 12022, subd. (b)(1), 1192.7), and further alleged that in committing all of the crimes charged, Rojas caused Quach to suffer great bodily injury (§§ 12022.7, subd. (a), 1192.7, 667.5). International Fidelity was never given notice of the amendments to the complaint and the information.

At the same time the first amended information was filed, the district attorney moved to increase bail, but the motion was denied. On May 13, 2008, Rojas failed to appear at trial, and a notice of bail forfeiture was mailed to International Fidelity on May 14, 2008. International Fidelity's motion to vacate the forfeiture and exonerate bail was denied; International Fidelity timely appealed.

Discussion

I.

Did the addition of new charges and enhancements exonerate the bail bond?

A. Standard of Review and Analysis of the Bond

[1] [2] Although we normally review an order denying a motion to vacate the forfeiture of a bail bond for abuse of discretion ( People v. Bankers Ins. Co. (2010) 181 Cal.App.4th 1, 5, 104 Cal.Rptr.3d 87 ( Bankers Ins. Co.)), where the issue is one of statutory construction or contract interpretation, and the evidence is not in dispute, the de novo standard of review applies ( People v. American Bankers Ins. Co. (1992) 4 Cal.App.4th 348, 350, 5 Cal.Rptr.2d 620). We review the trial court's order in this case de novo because there is no extrinsic evidence to consider in interpreting the contract.

[3] “A bail bond is a contract between the government and the surety. [Citation.] The surety's liability is limited to the contract's terms. [Citation.]” ( Bankers Ins. Co., supra, 181 Cal.App.4th at p. 6, 104 Cal.Rptr.3d 87.) International Fidelity argues that the addition of new charges and enhancements in the first amended information materially changed the terms of the contract by increasing its risk as surety, and thus exonerated the bond.

International Fidelity's liability under the bond is as follows: “Now, the INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey corporation, hereby undertakes that the above-named defendant will appear in the above-named court on the date set forth to answer any charge in any accusatory pleading based upon the acts supporting the complaint filed against him/her and all duly authorized amendments thereof, in whatever court it may be prosecuted, and will at all times hold him/herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation; or if he/she fails to perform either of these conditions, that the INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey corporation will pay the People of the State of California, the sum of One Hundred Thousand and no/100 Dollars ($100,000.00).” (Italics added.)

County counsel argues the bond required forfeiture after Rojas's failure to appear because the charges in the first amended information (the operative charging document at the time of the bond's forfeiture) were based on the same acts supporting the original complaint. International Fidelity disagrees and argues the bond should not have been forfeited because the increased charges materially increased the risk Rojas would flee. This disagreement poses a question of contractual interpretation in this case.

[4] [5] [6] [7] [8] “The basic goal of contract interpretation is to give effect to the parties' mutual intent at the time of contracting. [Citations.] When a contract is reduced to writing, the parties' intention is determined from the writing alone, if possible. [Citation.] ‘The words of a contract are to be understood in their ordinary and popular sense.’ ” ( Founding Members of the Newport Beach Country Club v. Newport Beach Country Club, Inc. (2003) 109 Cal.App.4th 944, 955, 135 Cal.Rptr.2d 505.) Although extrinsic evidence is admissible to prove a meaning to which a contract is reasonably susceptible ( ibid.), no party offered any extrinsic evidence construing the terms of the bail bond, nor does any party contend the trial court failed to admit or consider any extrinsic evidence. “When no extrinsic evidence is introduced, or when the competent extrinsic evidence is not in conflict, the appellate court independently construes the contract.” ( Ibid.) “California recognizes the objective theory of contracts [citation], under which ‘[i]t is the objective intent, as evidenced by the words of the contract, rather than the subjective intent of one of the parties, that controls interpretation’ [citation]. The parties' undisclosed intent or understanding is irrelevant to contract interpretation.” ( Id. at p. 956, 135 Cal.Rptr.2d 505.)

We hold the language in the bond obligated International Fidelity to guarantee Rojas's appearance on any charge in the amended information, as long as that charge was based upon the acts supporting the original complaint. The charges in the first amended information, although they increased Rojas's potential incarceration, were based on the same acts supporting the original complaint, as explained post, in part I.B.

International Fidelity argues the greater potential penalty Rojas faced following the filing of the first amended information so substantially increased his risk of flight that the terms of the bond were materially altered. ² We have read the one-page bond and it does not expressly refer to the level of a released defendant's flight risk. Rather, it refers to whether changes in the pleadings are based on the same acts. If International Fidelity entered into the contract-the bond-believing it would be exonerated if Rojas's flight risk increased due only to an increase in the charges pending against him, that was a belief based on International Fidelity's subjective intent, and is not relevant to the issue of interpretation of the bond. There is nothing in the bond or in any statute referring to increased flight risk as a term of...