People v. Topa Insurance

Topa Insurance Company appeals from an order denying a motion for discharge of forfeiture of a bail bond, and from the summary judgment granted in favor of the People of the State of California. It contends that because of the trial court’s delay in entering summary judgment, it lost jurisdiction to do so under the statutes in effect at the time, resulting in exoneration of the bail bond as a matter of law. We agree, and therefore reverse.

Factual and Procedural Background

The facts are not in dispute. On October 30, 1992, appellant posted a bail bond in the amount of $20,000 on behalf of Michael Lynn Tankersley pending his appearance in court on November 2, 1992, in criminal proceedings. Tankersley failed to appear in court on that date, and bail was forfeited. On November 13, 1992, the clerk mailed a notice of forfeiture to the bail bondsman and appellant surety.

One hundred eighty days later, on May 12, 1993, appellant filed a motion to vacate forfeiture, reinstate and exonerate the bail bond. Hearing was set for June 25, 1993. On June 25, 1993, with the bail bondsman present in court, the hearing was continued to July 30, 1993, “for further proceedings re bond.” No…