County of Santa Barbara v. American Surety
American Surety Company (American) appeals from an order denying its motion to vacate a $1 million bail forfeiture and exonerate two $500,000 bail bonds that were posted on behalf of Randall Rudy Quaid and Evegenia Helena Quaid (Randy and Evi, respectively) after they fled to Canada. (Pen. Code, § 1305.)[1] American claims that the bail bonds are void ab initio because the Quaids were not released from "custody" in exchange for the posted bond amount.
We reverse and remand with directions to enter a new order to vacate Randy's bail forfeiture and exonerate his $500,000 bail bond. Bail was forfeited nunc pro tunc in violation of section 1305, subdivision (a). The order denying American's motion to vacate Evi's bail forfeiture and exonerate her $500,000 bail bond is affirmed.
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