People v. U.S. Fire Ins. Co.

INTRODUCTION

United States Fire Insurance Company (United) appeals from a trial court order denying its motion to set aside summary judgment on a bail bond forfeiture. It contends that because the trial court failed to forfeit bail at the criminal defendant’s first unexcused failure to appear when lawfully required, the bond was exonerated and the subsequent entry of summary judgment was void for lack of jurisdiction. Although the trial court denied the motion on the basis it was barred by res judicata, we affirm because the ruling was correct on another ground—the court was not divested of jurisdiction to forfeit the bail bond on the date it ordered forfeiture.

BACKGROUND

Noe Perez Gonzalez was charged with murder (Pen. Code,1 § 187, subd. (a)). After he was arraigned, the trial court set bail at $1 million and ordered him to “return on any and all future hearing dates.” On December 23, 2020, United posted a $1 million bond for Gonzalez’s release. After his release, Gonzalez personally appeared in court at hearings in February and April 2021. On April 8, Gonzalez executed a written waiver of his physical presence and authorized his attorney to appear on his behalf at…