People v. The North River Ins. Co. CA2/7

INTRODUCTION

The North River Insurance Company appeals from the trial court’s orders denying two motions by North River to set aside the summary judgments on two bail bonds that North River’s agent, Bad Boys Bail Bonds, posted to secure the release of Alvaro Calderon in two criminal cases. In each case, North River argues the trial court lacked “fundamental jurisdiction over the bail bond” because the bond was void under BBBB Bonding Corp. v. Caldwell (2021) 73 Cal.App.5th 349 (Caldwell). In that case the court held cosigner bail premium financing agreements that do not comply with statutory consumer protection notice provisions are unenforceable. North River argues that, because “part of the consideration for the bail bond has been deemed unlawful, the entire bail bond contract is void” and that therefore the trial court was “without fundamental jurisdiction to enforce the bond via summary judgment.” North River’s argument is based on a false premise. Caldwell concerned a contract between a bond cosigner and the surety. These cases concern a contract between the surety and the government. Caldwell does not affect the validity of the latter. Because the bonds here were valid, the…