County of Los Angeles v. American Bankers Insurance
Opinion
Opinion
Aldrich, J.
Introduction
In this case we are called upon to decide if the trial court had jurisdiction to enter summary judgment pursuant to Penal Code sections 1305 and 1306.
Celes King III, doing business as King Bail Bond Agency (hereinafter King), intervener by virtue of his status as bail agent and indemnitor of defendant American Bankers Insurance Company, appeals from the consent summary judgment against American Bankers Insurance Company after its bail bond was declared forfeited. Because the time frame for trial court jurisdiction to enter summary judgment had expired and otherwise the record shows no basis for tolling such time period, the judgment is reversed and remanded with directions.
Factual and Procedural Background
On September 12, 1992, King posted a $100,000 bail bond on behalf of American Bankers to guarantee the appearance of defendant Mark L. Hays in the criminal action entitled People v. Paul Sims and Mark Linnear Hayes. During trial, on August 16, 1993, Hays failed to appear, the bond was ordered forfeited and a bench warrant was issued for Hays’s arrest. Notice of such forfeiture was mailed to King on August 23, 1993.