People v. Internat. Fidelity Ins. CA5

BACKGROUND

On March 1, 2010, International Fidelity posted a $400,000 bond for the release of the defendant from custody. When the defendant failed to appear in court on March 15, 2010, the trial court ordered bail forfeited. Through timely motions filed by International Fidelity, the forfeiture period was extended to March 16, 2011. On March 15, 2011, International Fidelity moved to vacate the forfeiture and exonerate bail. On June 9, 2011, the trial court denied International Fidelity’s motion and ordered that summary judgment be entered in respondent’s favor. International Fidelity filed a notice of appeal from this order on June 13, 2011. Summary judgment on the bond was entered on August 5, 2011. This court affirmed the trial court’s denial of International Fidelity’s motion to vacate the forfeiture and exonerate bail in a decision filed on January 16, 2013. Remittitur issued on March 18, 2013. On April 8, 2013, International Fidelity filed the underlying motion to set aside the summary judgment. International Fidelity argued that the trial court was without

2. jurisdiction to enter summary judgment while the appeal on the order denying International Fidelity’s motion to…