People v. Wilshire Insurance

This is an appeal from a summary judgment (pursuant to Pen. Code, § 1306) for the sum of $6,250 in the Superior Court of Fresno County, civil action No. 155489, against appellant, Wilshire Insurance Company (hereinafter “Wilshire”).

Wilshire posted its surety bond in the amount of $6,250 to guarantee the ordered appearances of the defendant in criminal action No. 26081, entitled People v, Troy Kenneth Carson, then pending in the Superior Court of Fresno County.

Carson failed to appear for trial on January 4, 1972, whereupon the court ordered bail forfeited and issued a bench warrant. On January 5, 1972, pursuant to the provisions of Penal Code section 1305 (attached as Appendix 1), a notice of the forfeiture was sent to Wilshire and its agent.

On July 5, 1972, 180 days having expired and Carson and Wilshire not having appeared and moved to discharge the forfeiture, the necessary documents to obtain a summary judgment were forwarded to the county counsel and the summary judgment from which this appeal was taken was entered against Wilshire in civil action No. 155489 on August 30, 1972.

On July 10, 1972, in criminal action No. 26081, which was five days after the…