People v. American Surety Co.

Filed 5/29/25; Certified for Publication 6/17/25 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Civ. No. B338852 (Super. Ct. No. 23CV05612) Plaintiff and Respondent, (Santa Barbara County)

v.

AMERICAN SURETY

COMPANY,

Defendant and Appellant.

When a criminal defendant fails to appear at a required court appearance without sufficient excuse, the trial court is required to forfeit bail at that time. The criminal court here did not forfeit bail at the defendant’s initial failure to appear. The court later forfeited bail when the defendant again failed to appear. It then denied two identical motions to vacate forfeiture that raised the same issue—whether the court lost jurisdiction over the bond when it did not forfeit bail after the defendant’s initial failure to appear. American Surety Company (American) contends that at a later hearing the civil court erred when it subsequently denied its motion to set aside the summary judgment against the bond on the basis that it was bound by the criminal court’s prior rulings denying its…