Filed 3/14/22 P. v. Accredited Surety & Casualty CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ---- THE PEOPLE, Plaintiff and Appellant, C089808 v. (Super. Ct. No. 19CI000126) ACCREDITED SURETY & CASUALTY COMPANY, Defendant and Appellant. Accredited Surety and Casualty Company, Inc. (Accredited) posted a $75,000 bail bond for the release of Jesus Perez in People v. Jesus Perez, Tehama County Superior Court Case No. 17CR-001544.1 The trial court increased the amount of the bail to $165,000 after the People added two more counts and a firearm-use allegation to the 1 The bail bonds and summary judgment refer to Accredited Surety and Casualty Company, Inc. The motions to vacate forfeiture and exonerate bail and notice of appeal refer to Accredited Surety & Casualty Company. There is no contention that the two entities are not the same surety. 1 complaint, and Perez was remanded to the custody of the sheriff. Accredited then executed a bail bond in the amount of $90,000 for Perez (the difference between the previously posted $75,000 bail bond and the new bail amount of $165,000), securing Perez’s release from custody. The two bonds were declared forfeited when Perez did not appear at a trial readiness conference. Accredited appeals from the portion of the trial court’s order denying its motion to vacate forfeiture and exonerate the $90,000 bond and the subsequently entered summary judgment. The County of Tehama (County) cross-appeals from the portion of the trial court’s order granting Accredited’s motion as to the $75,000 bond. The County contends (1) that to the extent the trial court’s order was based on Penal Code section 1305,2 the statute does not apply; (2) exoneration of the $75,000 bond made it voidable, not void; and (3) Accredited ratified the $75,000 bond, it is equitably estopped from challenging the validity of the $75,000 bond, and it waived any objection to the trial court’s jurisdiction over the bonds. Accredited contends (4) the trial court erred in denying its motion to vacate forfeiture and exonerate bail as to the $90,000 bond because the posting of a bond in an amount different from that ordered by the trial court does not create a valid contract. We conclude (1) the trial court properly determined that the $75,000 bond was exonerated; (2) the authorities the County cites do not support the claim that the $75,000 bond was voidable and not void; (3) the County may not raise a claim of ratification, equitable estoppel or waiver for the first time on appeal; and (4) no valid bail contract was formed with the issuance of the $90,000 bail bond. We will reverse the trial court’s order denying the motion to vacate the forfeiture …
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