P. v. Lincoln General Ins.
In the criminal proceeding in this matter, the court ordered that a $50,000 bail bond be forfeited when the defendant, Maurice Stewart, failed to appear at his preliminary hearing. The insurer that issued the bond, Lincoln General Insurance Company (Lincoln) moved to set aside the forfeiture, arguing the court lost jurisdiction to declare a forfeiture when it did not order the bond forfeited when Stewart previously failed to appear at his trial readiness conference. The court denied the motion, finding the court had good cause to not declare the bond forfeited at the trial readiness conference.The order denying Lincoln's motion to set aside forfeiture of its $50,000 bail bond is reversed, and the trial court is directed to vacate the forfeiture and exonerate the bond.
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