People v. Lexington Nat'l Ins. Corp.

• Decision Date: 12 November 2015
• Docket Number: H039149
• Citation: 195 Cal.Rptr.3d 574,242 Cal.App.4th 1098
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. LEXINGTON NATIONAL INSURANCE CORPORATION, Defendant and Appellant.

242 Cal.App.4th 1098

195 Cal.Rptr.3d 574

The PEOPLE, Plaintiff and Respondent,

v.LEXINGTON NATIONAL INSURANCE CORPORATION, Defendant and Appellant.

H039149

Court of Appeal, Sixth District, California.

Filed November 12, 2015

William Merrill Litt, Office of County Counsel, 168 West Alisal Street, Third Floor, Salinas, CA 93901–2439, for Plaintiff and Respondent.

John Mark Rorabaugh, 801 Parkcenter Dr., Ste 205, Santa Ana, CA 92705, for Defendant and Appellant.

BAMATTRE–MANOUKIAN, ACTING P.J.

I. INTRODUCTION

This is an appeal by Lexington National Insurance Corporation (Lexington), the surety on a $20,000 bail bond that was ordered forfeited when Edelmiro Martin Cisneros failed to appear at a hearing in his criminal case. Lexington contends that the $20,000 bond was rendered void when, at the end of Cisneros's preliminary hearing, the trial court increased Cisneros's bail to $100,000 but permitted Cisneros to remain out of custody. We agree, and we will therefore reverse the trial court's order denying Lexington's motion to vacate forfeiture and exonerate bail.

II. BACKGROUND

On October 8, 2011, Cisneros obtained a $20,000 bail bond from Lexington. The bond stated that Cisneros had been charged with infliction of corporal injury on a spouse or cohabitant (Pen.Code, § 273.5, subd. (a) ),¹ assault with a deadly weapon or by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)), and criminal threats (§ 422). The bail bond further indicated that Cisneros had been ordered to appear in court on October 11, 2011.

Cisneros's preliminary hearing was held on October 13, 2011. Cisneros appeared in court on that date, out of custody on the $20,000 bail bond. No representative from the surety was present.

At the preliminary hearing, Salinas Police Officer Christopher Balaro testified about the factual basis for the charges: a September 25, 2011 incident reported to him by Jane Doe, the girlfriend of Cisneros. Doe had informed the officer that defendant had also committed prior domestic violence, which she had not reported. Salinas Police Officer Jacqueline Bohn testified about the injuries she observed on Doe after the September 25, 2011 incident.

The trial court held Cisneros to answer on the three charges listed in the bail bond. The prosecutor then asked the trial court to set bail at $100,000, noting that Cisneros had posted a $20,000 bail bond although an "escalation of bail" had previously been requested. (See § 1269c [authorizing peace officer to request a magistrate or commissioner issue an order setting a higher bail].)

Cisneros's trial attorney acknowledged that Officer Balaro had requested a higher bail, but she noted that bail had nonetheless been set at $20,000 at the September 29, 2011 arraignment. Cisneros's trial attorney argued that there had been "no changes in circumstances" justifying an increase in bail.

In response, the prosecutor informed the court that Cisneros's criminal history included prior domestic violence cases involving at least two different victims in 1997, 2002, and 2003.

The trial court increased Cisneros's bail to $100,000, based on "the evidence in this case" and the "information about [Cisneros's] history." The trial court stated that it was giving Cisneros until 8:30 a.m. on October 18, 2011 to "return to court for posting of that bail at that time."

Cisneros's trial attorney asked the trial court to clarify whether it was requesting Cisneros post "an additional $80,000." The trial court responded that Cisneros would need to post "the total of $100,000" because "[t]he Court does not allow the bail bonds to be stacked." The trial court set the matter on calendar for 8:30 a.m. on October 18, 2011.

Cisneros failed to appear at the hearing held on October 18, 2011. The trial court ordered the $20,000 bail forfeited and issued a $100,000 bench warrant.

Lexington subsequently filed a motion to vacate the bail forfeiture and exonerate bail. Lexington argued that the trial court lost jurisdiction over the $20,000 bond when it released Cisneros after increasing the bail to $100,000. County Counsel filed written opposition to the motion, arguing that the $20,000 bond was valid and that Cisneros had failed to appear.

At a hearing held on December 6, 2012, the trial court denied Lexington's motion to vacate the bail forfeiture and exonerate bail. The trial court found that "the process that was followed was appropriate, and there was a bail bond still in place."

III. DISCUSSION

"Ordinarily, appellate courts review an order denying a motion to vacate the forfeiture of a bail bond under an abuse of discretion standard. [Citation.] When the appellate court is deciding only legal issues, however, such as jurisdictional questions and matters of statutory interpretation, the abuse of discretion standard does not apply. [Citation.] When the facts are undisputed and only legal issues are involved, appellate courts conduct an independent review." (People v. International Fidelity Ins. Co. (2012) 204 Cal.App.4th 588, 592, 138 Cal.Rptr.3d 883 (International Fidelity ).)

In this case, Lexington does not argue that the trial court abused its discretion by increasing Cisneros's bail to $100,000 following the preliminary hearing. Lexington argues that, as a matter of law, the bail increase changed the terms of the $20,000 bail bond and thereby rendered it void. Lexington contends that upon ordering bail increased, the trial court was required to remand Cisneros into custody and exonerate the $20,000 bail bond. These issues are matters of statutory construction and contract interpretation that are subject to this court's independent review. (See International Fidelity, supra, 204 Cal.App.4th at p. 592, 138 Cal.Rptr.3d 883.) In conducting that review, we keep in mind the general rule that "the statutes governing bail are strictly construed to avoid forfeiture." (People v. Accredited Surety Casualty Co. (2014) 230 Cal.App.4th 548, 556, 178 Cal.Rptr.3d 809.)

Before a criminal defendant appears in court, his or her bail "shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail...." (§ 1269b, subd. (b).) "If a defendant has appeared before a judge of the court on the charge contained in the complaint, indictment, or information, the bail shall be in the amount fixed by the judge at the time of the appearance." (Ibid. )

An arrestee's bail may be increased upon application of a peace officer who has "reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence." (§ 1269c.) An order increasing the bail amount may be issued by the magistrate or commissioner to whom the application is made. (Ibid. ) However, "[i]f, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the amount of bail set forth in the applicable bail schedule." (Ibid. ) A criminal defendant's bail may also be set by the magistrate at the preliminary hearing, after the defendant has been held to answer. (§ 1277.) Bail may be increased when a defendant is arraigned on an information or indictment. (§ 985.) If the defendant is present when the order increasing bail is made, he or she "must be forthwith committed." (§ 986.)

The factors to be considered in setting bail are set forth in section 1275, subdivision (a)(1): "In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. The public safety shall be the primary consideration." Bail increases under section 1289, which applies after an information or indictment is filed, require a showing of good cause.

The parties have not directed us to any statutory authority permitting a court to increase a defendant's bail while simultaneously permitting the defendant to remain out of custody on a prior bail bond. By finding that an immediate increase in bail is warranted, a trial court is necessarily finding that the original bond is insufficient to guarantee the defendant's appearance and ensure public safety. (See § 1275; McDermott v. Superior Court (1972) 6 Cal.3d 693, 695, 100 Cal.Rptr. 297, 493 P.2d 1161.) As explained below, under the circumstances here, the trial court's order allowing Cisneros to remain out of custody on the original bail bond violated the terms of the $20,000 bond, rendering it void.

"A bail bond is in the nature of a contract between the government and the surety, in which the surety acts as a guarantor of the defendant's appearance under risk of forfeiture of the bond. [Citations.] ‘In general the state and surety agree that if the state will release the defendant from custody, the surety will undertake that the defendant will appear personally and at a specified time and place.... If the defendant fails to appear at the proper time and place, the surety becomes the absolute debtor of the state for the amount of the bond.’ [Citation.]" (People v. Amwest Surety Ins. Co. (1991) 229 Cal.App.3d 351, 356, 280 Cal.Rptr. 58.)

"The contractual nature of the relationship between the government and the surety leads to the conclusion that the bail order is the offer, and the posting of a bond is the acceptance of that offer." (International Fidelity, supra, 204 Cal.App.4th at p. 595, 138 Cal.Rptr.3d 883.) A bail bond was found to be void based on contract principles in International Fidelity. In that case, a surety posted a $35,000 bond for the release of the criminal defendant. (Id. at p. 590, 138 Cal.Rptr.3d 883.) At a subsequent hearing, the...