When a defendant who has been released on bail fails to appear before a judge to plead guilty to a charge under section 1305 of the California Penal Code, what remedies are available to the surety?

When a defendant who has been released on bail fails to appear without a sufficient excuse, the court "shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail . . . ." (Pen. Code, 1305, subd. (a).) Penal Code section 1305 further requires that "the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety . . . ." (Pen. Code, 1305, subd. (b).) If the clerk fails to mail the notice within 30 days after forfeiture has been entered, the surety is released from its obligation under the bond. (Ibid.) It is also settled that "[i]f a surety is to be afforded the protections provided by [Penal Code section 1305 the surety] must be advised at an early date of the fact of the forfeiture in order that [the surety] may institute procedures to locate and compel the appearance of the bailee." (People v. United Bonding Ins. Co. (1971) 5 Cal.3d 898, 906.)

Generally, "`a court has jurisdiction over a bail bond from the point that it is issued until the point it is either satisfied, exonerated, or time expires to enter summary judgment after forfeiture.'" (People v. American Contractors Indemnity, Co. (2004) 33 Cal.4th 653, 663.) But in a case where the defendant has failed to appear without sufficient excuse, the court loses its jurisdiction to order the bail forfeited unless it does so in open court at the time of the failure to appear. (People v. United Bonding Ins. Co., supra, 5 Cal.3d at pp. 906-907; People v. Wilshire Ins. Co. (1977) 67 Cal.App.3d 521, 535.) Regardless of what the court's docket or the judgment reflect, this is precisely what the court did in this case.