People v. Indiana Lumbermens Mutual Insurance

Opinion.

Defendant and appellant Indiana Lumbermens Mutual Insurance Company (Indiana), the surety on a bail bond, appeals an order denying its motion to set aside the summary judgment on a forfeited $625,000 bail bond.

The essential issue presented is whether the summary judgment on the bail forfeiture is void because it was entered while an appeal was pending from an order denying Indiana’s motion to vacate the forfeiture.

We conclude the pendency of the appeal from the order denying the motion to vacate the forfeiture did not deprive the trial court of jurisdiction to enter summary judgment on the forfeited bond. Therefore, the order refusing to set aside the summary judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

1. Earlier proceedings.

Two felony cases were pending in the Los Angeles Superior Court against criminal defendant Joseph Parseg Mkrtchyan (Mkrtchyan). In a case in the northwest district, at Van Nuys Courthouse West (the Van Nuys case), consisting of 11 counts, Mkrtchyan was released on Indiana’s $625,000 bond, executed on August 28, 2008. In a case at the Airport Courthouse (the Airport case), Mkrtchyan was released on his own recognizance. On January…