People v. American Bankers Insurance
Opinion
Opinion
Vartabedian, J.
Ramon Gonzales was charged in Fresno County Superior Court with two counts of violation of Health and Safety Code section 11351. A $10,000 bail bond was posted for Gonzales by American Bankers Insurance Company (respondent). Gonzales failed to appear in court as ordered on October 25, 1989. A bench warrant was issued for his arrest, and the bail bond was forfeited. A notice of forfeiture was mailed to respondent on October 26, 1989.
One hundred and eighty days later, on April 24, 1990, respondent filed a notice of motion to toll time or to vacate forfeiture. A hearing on the motion was set for May 18, 1990.
On May 1, 1990, the superior court granted appellant’s motion for summary judgment on the previously forfeited bond. Notice of entry of judgment was mailed to respondent on May 1, 1990.
Respondent’s motion to toll time was finally heard on May 25, 1990, and denied on June 8, 1990. A motion for reconsideration of the decision was filed on July 19, 1990, and denied on August 3, 1990.
On December 12, 1990, respondent filed a motion to set aside the summary judgment and exonerate the bond. This appeal is from the order granting that motion.