County of Los Angeles v. Surety Insurance

Surety Insurance Company of California appeals from summary judgment entered against it pursuant to the provisions of Penal Code sections 1305 and 1306 following the forfeiture of a bail bond in the sum of $10,000 furnished by appellant to secure the appearance of one Sonia Yenis on a felony charge. The bond included the following provision: “If the forfeiture of this bond be ordered by the Court, a judgment may be summarily made and entered forthwith against the said Surety Insurance Company of California, a California corporation, for the amount of its undertaking herein, as provided by Sections 1305 and 1306 of the California Penal Code.” (See Pen. Code, § 1278.)

By reason of such a provision in a bail bond, a summary judgment duly entered in accord with sections 1305 and 1306 following a forfeiture is entered pursuant to the consent of the surety, and therefore is not appealable. (Pe ople v. Hodges (1928) 205 Cal. 476, 477 [ 271 P. 897 ]; Bean v. County of Los Angeles (1967) 252 Cal.App.2d 754, 759-760 [ 60 Cal.Rptr. 804 ]; People v. Stuyvesant Ins. Co. (1963) 216 Cal.App.2d 380, 382 [ 31 Cal.Rptr. 208 ]; People v. Pacific Indemnity Co. (1931) 114 Cal.App. 563, 564 […