People v. United Bonding Insurance

Albert James Brown was charged with grand theft; appellant United Bonding Insurance Company posted a bail bond in his behalf, in the amount of $2,625. When the case was called for trial on March 10, 1964, neither Brown nor his counsel was present and the bond was forfeited. Some time between March 10, 1964, and April 1, 1964, Brown was apprehended by police officers. On April 3, 1964, the bonding company moved, under section 1305 of the Penal Code, to vacate the forfeiture, supporting its motion by two declarations. One, executed by an attorney-in-fact for the bonding company, avers that “the…