People v. American Contractors Indemnity Co.

American Contractors Indemnity Co., the surety, appeals from the summary judgment entered in favor of El Dorado County following the forfeiture of a bail bond. The surety argues the trial court entered summary judgment prematurely (before the time for the defendant to appear had elapsed) and also erred in denying the surety’s motion to set aside on the grounds that it was filed too late. We agree with the surety on both points. Accordingly, we will vacate the summary judgment and exonerate the bond.

BACKGROUND REGARDING BAIL BOND STATUTES

“ ‘Certain fixed legal principles guide us in the construction of bail statutes. The law traditionally disfavors forfeitures and this disfavor extends to forfeiture of bail. [Citation.] Thus, [Penal Code] sections 1305 and 1306 must be strictly construed in favor of the surety to avoid the harsh results of a forfeiture. [Citation.]’ ” (People v. Ranger Ins. Co. (2000) 77 Cal.App.4th 813, 816 [ 91 Cal.Rptr.2d 907 ] (Ranger Ins. Co).) “The standard of review, therefore, compels us to protect the surety, and more importantly the individual citizens who pledge to the surety their property on behalf of persons seeking release from custody,…