People v. Frontier Pacific Insurance

Frontier Pacific Insurance Company (Frontier), appeals from a motion denying the exoneration of bail and a summary judgment entered against it following the forfeiture of a bail bond in the amount of $18,334. (Pen. Code, §§ 1305, 1306.)

On appeal, Frontier contends the trial court lost jurisdiction to declare a forfeiture by failing to do so at the first hearing at which the defendant failed to appear and the trial court lost jurisdiction upon the running of the statutory period. Upon the court’s own motion, supplemental briefing was requested on the issue whether the summary judgment was void because it was not signed by a judge.

We will conclude the judgment is void for failure of a judge to sign the judgment within the time specified by law. (§ 1306.) We will direct that the trial court enter an order exonerating bail.

Statement of Facts

On June 1, 1996, Frontier, through its agent Albert Garibaldi Bail Bonds, posted a bond for the release of Abelardo Rios Benitez in the amount of $18,334.

Benitez was tried by a jury, which began and concluded its deliberations on February 14, 1997. The jury informed the court it had reached a verdict at approximately 4:35 p.m.…