American Contractors Indemnity Co. v. County of Orange

Good Law
130 Cal. App. 4th 579·2005 Cal. App. LEXIS 991·2005 Daily Journal DAR 7424·29 Cal. Rptr. 3d 916·2005 Cal. Daily Op. Serv. 5414
Court of Appeal of CaliforniaJune 22, 2005G034374California1,939 words

Opinion

Opinion

O'Leary, J.

American Contractors Indemnity Company (American) appeals from an order denying its motion to set aside summary judgment entered in favor of the County of Orange on a forfeited bail bond. American argues the trial court abused its discretion in denying its motion to set aside the summary judgment because its bail agent did not receive notice of the forfeiture. We disagree.

FACTS

On November 1, 2002, American, through Pacific Bail Bond (Pacific), posted a $100,000 bail bond for the release of Nam Hoang Ta. On April 28, 2003, Ta failed to appear for jury trial, and the trial court ordered the bail bond forfeited. The court’s register of actions indicates a “Notice of Forfeiture of Bail Bond” (Notice of Forfeiture) was mailed April 29, 2003, and on the same date, a “[rjequest for [felony [b]ond [forfeiture warrant to be entered into the National Crime Information Center pursuant to Penal Code [sjection 980[, subdivision](b)[,j faxed to the Extradition Officer in the District Attorney’s office.” The record contains a copy of the Notice of Forfeiture mailed on April 29, 2003, to American and Pacific.

American filed a motion to extend time of forfeiture supported by a…

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