People v. United Bonding Insurance

The appellant, United Bonding Insurance Company, an Indiana corporation (hereafter “United”), appeals from an order entered February 9, 1967, denying its motion to set aside the forfeiture of bail which it had posted on behalf of the defendant in the principal criminal action, People v. Jackie Kenneth Donaldson, Los Angeles Superior Court No. 311362 .We conclude that the order should be affirmed.

I.

Forfeiture of bail being an independent proceeding, civil in nature and collateral to the criminal action, the time within which to file the notice of appeal is that prescribed for appeals in civil cases. (People v. Meidell (1963) 220 Cal.App. 2d 105, 107 [ 33 Cal.Rptr. 564 ].) United filed a timely notice of appeal. (Cal. Rules of Court, rule 2 (a).) No notice of entry of the order, either from the court clerk or the People, appears in the record.

The notice of appeal further states that Jackie K. Donaldson, defendant in the criminal action, and Joey Dorando, the bail agent, also appeal from the order. However, they are not parties of record to this collateral civil proceeding. Although United’s counsel signed the notice of appeal on behalf of these two nonparties, as well as on…