April 28, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of The People v. The North River Insurance Company is that a defendant's appearance through counsel under Penal Code section 977 waiver is sufficient to trigger mandatory bond exoneration under Penal Code section 1305(c)(1), and courts may properly condition such exoneration on payment of extradition costs recoverable under section 1306(b), under circumstances where the defendant has been extradited from out-of-state custody and appears through counsel while in local custody.
5/21/26
Court of Appeal of the State of California, First Appellate District, Division Three
The Rule of People v. Bankers Insurance Company is that a trial court retains jurisdiction over a bail bond when defense counsel indicates there is a reason for defendant's nonappearance, conveys that reason to the court during an off-the-record discussion, and the court states on the record that based on the information given, it will not forfeit the bond, under circumstances where the court has reason to believe sufficient excuse may exist for the failure to appear per section 1305.1.