Seneca Insurance v. County of Orange

The Honorable Gregg L. Prickett granted a second extension of time for a defendant to appear after issuance of a bail bond. The extension was given to a police detective in a chambers conference without notification to the parties or attorneys. Afterwards, the court entered summary judgment against the surety.

The surety unsuccessfully argued the court lacked jurisdiction to enter summary judgment because the second extension was not granted at its request. The Honorable Ronald P. Kreber denied a motion to vacate the forfeiture and set aside the judgment, finding the request for the second extension was made at the urging of a subagent or agent of the surety.

We conclude there is no substantial evidence that any agent of the surety, acting within the course and scope of that agency, requested the extension. Therefore, because the statutory period to enter summary judgment had expired, the trial court was without jurisdiction to enter summary judgment against the surety. We reverse and remand.

I

FACTS

On February 23, 2001, Seneca Insurance Company, Inc. presented a bond in the amount of $200,000 for defendant German Cesar Lema. Seneca admitted to the bail amount of…