Wyatt

Samuel Wyatt and John Earp were charged with felony offenses and having been released on bail failed to appear in the superior court on March 28, 1979, as directed. Their bail was declared forfeited. They were subsequently apprehended in England and returned in custody to the court on June 10, 1980, some 14 months later.

The bail for the two had been posted in the form of two bonds, each in the amount of $20,000 issued by National Automobile and Casualty Insurance Company (National) through its agent Nardoni Bond & Insurance Agency (Nardoni). Nardoni apparently obtained an indemnification secured by collateral from Frank Rasche, the appellant in this action. Upon the failure of the two defendants to appear as ordered, the *751 clerk of the court, on April 4, 1979, mailed a notice of order forfeiting bail to National pursuant to Penal Code section 1305, 1 and 180 days later mailed a demand for payment. Nardoni, in response to the demand, made payment on the bonds and obtained reimbursement from Rasche.

On February 6, 1981, Rasche moved in the superior court to vacate the forfeiture and return the $40,000 to him as a subrogee of National and Nardoni. The motion was…

I concur and note that, in fact, it would have been quite inappropriate for the People to have asked the court to enter a judgment declaring due and payable an obligation that theretofore had been satisfied in full. Further, if such a request had been made, it would properly have been denied.

Appellant’s petition for a hearing by the Supreme Court was denied August 11, 1982.

William T. Murphy and Chris A. Schaefer for Real Party in Interest and Appellant.

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

COMPTON, J.

Samuel Wyatt and John Earp were charged with felony offenses and having been released on bail failed to appear in the superior court on March 28, 1979, as directed. Their bail was declared forfeited. They were subsequently apprehended in England and returned in custody to the court on June 10, 1980, some 14 months later.

The bail for the two had been posted in the form of two bonds, each in the amount of $20,000 issued by National Automobile and Casualty Insurance Company (National) through its agent Nardoni Bond & Insurance Agency (Nardoni). Nardoni apparently obtained an indemnification secured by collateral from Frank Rasche, the appellant in this action. Upon the failure of the two defendants to appear as ordered, the clerk of the court, on April 4, 1979, mailed a notice of order forfeiting bail to National pursuant to Penal Code section 1305, [1] and 180 days later mailed a demand for payment. Nardoni, in response to the demand, made…