People v. Cotton Belt Ins. Co.

Defendant Cotton Belt Insurance Company, in the business of acting as surety on bail bonds, appeals from an order of the superior court denying its motion to set aside a summary judgment for the amount of a bail bond written for a defaulted criminally accused person.

Penal Code section 1305 provides that when a bailed criminally charged defendant neglects to appear in court as ordered, “the court must direct the fact to be entered upon the minutes and the undertaking of bail. . . must thereupon be declared forfeited. ” Notice of such action shall be mailed to the surety of the bail bond and to the bail agent or solicitor who posted the bond. If at any time within 180 days of the forfeiture, the defendant shall appear or a satisfactory excuse for his nonappearance be given, “the court shall direct the forfeiture ... to be discharged upon such terms as may be just.”

However: “When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture . . . shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman has bound…