PEOPLE v. BANKERS INSURANCE COMPANY
The minute order stated the bail was "forfeited," and that a bench warrant was issued with a $200,000 bail requirement. Eight days later, on August 25, the clerk mailed a document notifying Bankers of the forfeiture of the bail bond. The notice stated the forfeiture would become final unless Bankers obtained an order setting aside the forfeiture. Bankers was thereafter granted extensions of time to file a motion to vacate the forfeiture.
On August 22, 2007, Bankers moved to vacate the forfeiture and exonerate bail on grounds that the trial court lost jurisdiction because it did not properly declare the bail forfeiture in open court as required by section 1305(a). The county opposed the motion, arguing the court's statement that " 'we'll keep the bail bond' " constituted the requisite declaration in "open court" that the bond was forfeited. The court denied Bankers' motion to vacate the forfeiture.
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