Harris
Harris v. Northwestern National Insurance
Opinion
Opinion
Ashby, J.
In this action on a surety bond, defendant and appellant Northwestern National Insurance Company appeals from an order denying its motion to tax costs following a judgment against it in the full amount of the bond plus costs pursuant to Code of Civil Procedure section 1032. Appellant contends it cannot be required to pay costs in excess of the amount of its bond. We reject this argument and affirm.
A public notary, codefendant Ram Moorthy, negligently acknowledged a forged signature on a grant deed to real property. Two persons were injured as a result of the forgery and the notary’s negligence: (1) plaintiff and respondent Minnie J. Harris, the true owner whose signature was forged, and (2) defendant, cross-complainant and respondent Sylvia G. Hankin, who lent money to the forgers (the DeWitts) in reliance on the forgers’ apparent title and execution of a trust deed.
In order to protect the public from damage caused by the official misconduct or neglect of a notary, public notaries are required by Government Code section 8212 to execute an official bond in the sum of $10,000. (Cal. Surety & Fidelity Bond Practice (Cont.Ed.Bar 1969) § 27.3, pp. 374-375.) Appellant…