Cox
People v. Cox
Opinion
Opinion
Brown, J.
Appellant Bill Cox doing business as Bill Cox Bail Bonds as bail agent and indemnitor of National Automobile and Casualty Insurance Company appeals from the denial of his motion to vacate summary judgments and for reimbursement of the funds he paid under the bonds pursuant to Penal Code section 1306.
Facts
There is no conflict in the facts. This appeal arose from three cases which were consolidated for determination of the issues raised by appellant. In each case, appellant posted bond for a defendant in a criminal action. The defendant failed to appear, and the bonds were forfeited pursuant to section 1305. After expiration of the 180-day period during which the forfeiture could have been discharged, the court granted summary judgment against appellant in the amount of the bond according to section 1306. Notice of entry of judgment was sent to appellant but, in each case, the summary judgment was not entered in the book of judgments within 90 days as required by section 1306. Pursuant to section 1308, appellant paid to the court the penal amount of the bond within 20 days from the notice of entry of judgment and before the 90-day period expired. Full satisfaction of…