THE PEOPLE, Plaintiff and Respondent, v. WILSHIRE INSURANCE COMPANY, Defendant and Appellant., 58 Cal. App. 3d 455

Summary

Defendant failed to appear at her pretrial conference and a discovery motion. The trial court continued the pretrial conference, and for a second time defendant failed to appear. The trial court found that the failure was without sufficient excuse, and bail was forfeited. Appellant insurer filed a motion to vacate and set aside the bail forfeiture. The motion was denied. Appellant challenged the decision on appeal, arguing that the trial court was obligated to forfeit bail upon the first unexcused nonappearance of defendant at the originally scheduled pretrial conference; having failed to do so, the court did not have jurisdiction to declare a forfeiture at a later time. The reviewing court affirmed the decision, holding that there was no statutory or other absolute obligation to forfeit defendant's bail at the pretrial conference. The pretrial conference was not so important and significant that the failure of defendant to appear thereat required the court immediately to order ...