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People v. Banker's Ins. Co. (Cal. Ct. App. - March 11, 2009)

By Shaun Martin

Sometimes it's pretty easy to describe succinctly (and colloquially) competing positions in a case.

Justice Haller, writing for the majority: "It's totally easy to say the words 'Bail is forfeited' on the record. That's been the rule for decades. Just do it. We're tired of reminding you. When the judge says something else, we'll reverse. Get it right."

Justice McIntyre, who dissents: "Come on. The judge said: '[W]e'll keep the [$75,000] bail bond and issue a warrant [for $200,000].' The words 'we'll keep the bond' obviously mean, as well as meant to everyone, that the bond was forfeited. Oh, and we mailed 'em notice of the forfeiture as well. Substance over form."

The actual opinion is only slightly longer.

Full post as published by California Appellate Report on March 11, 2009 (boomark / email).