People v. American Contractors Indemnity Co.

Introduction

The County of Orange (the County) obtained summary judgment on a bail bond forfeiture, and the bail bond company appealed from an order denying a motion to vacate the summary judgment. The California Supreme Court ultimately held the summary judgment was voidable, not void, and the motion to vacate the judgment was untimely.

After the California Supreme Court’s opinion issued, the County attempted to enforce the judgment. The bail bond company refused to pay, claiming the two-year limitation period for enforcement of a bail bond forfeiture summary judgment had expired during the pendency of the appeal. (Pen. Code, § 1306, subd. (f).) The bail bond company again moved to set aside the judgment, or alternatively to permanently stay its enforcement. The trial court denied the motion, and this appeal followed.

In County of Orange v. Classified Ins. Corp. (1990) 218 Cal.App.3d 553 [ 267 Cal.Rptr. 73 ], a panel of this court concluded an appeal from a summary judgment on a bail bond forfeiture did not automatically stay enforcement of the judgment. We now hold an appeal from an order denying a motion to set aside the summary judgment on a bail bond forfeiture…