PEOPLE v. SAFETY NATIONAL CASUALTY
CORPORATION











Filed 7/15/10











CERTIFIED FOR PUBLICATION







IN THE COURT OF APPEAL OF THE
STATE OF CALIFORNIA >



FOURTH APPELLATE DISTRICT



DIVISION TWO






>

THE PEOPLE, Plaintiff and Respondent, v. SAFETY NATIONAL CASUALTY CORPORATION, Defendant and Appellant.

E047157 (Super.Ct.No. SWF018750) OPINION

APPEAL
from the Superior Court of Riverside
County. Dennis A. McConaghy, Judge. Affirmed.

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

Pamela
J. Walls, County Counsel, and Patricia Munroe,
Deputy County Counsel, for Plaintiff and Respondent.

Defendant
and appellant Safety National Casualty Corporation (the surety) appeals the
trial court's denial of its motion to set aside forfeiture of a bail bond and
to exonerate bail. The surety contends
that the trial court lost jurisdiction
to declare the forfeiture because it contends that the clerk failed to give
notice of the forfeiture as required.
For the reasons that follow, we reject the surety's contention and
affirm the court's order.

FACTS AND PROCEDURAL HISTORY

On November 2, 2006, The surety posted a $100,000 bond for the release of
defendant Herminio Barba. Barba made a
number of court appearances after his release on bail. On November 9,
2007,
Barba failed to appear in court and the court declared the bond forfeited. A notice of forfeiture was mailed on November 13, 2007, well within 30 days after the declaration of
forfeiture.

On May 8, 2008, the surety filed a notice of motion to vacate the order of
forfeiture, on the ground that it did not receive notice of the
forfeiture. In support of its motion,
the surety presented an affidavit of Bill Martin, as the surety's attorney in
fact (and notarized by J.A. Jasperson), that â€