People v. The North River Ins. Co. CA2/4

INTRODUCTION

Appellant North River Insurance Company, acting through its agent Bad Boys Bail Bonds, posted a $50,000 bail bond on behalf of a criminal defendant who later failed to make a required appearance. The bond was forfeited pursuant to Penal Code1 section 1305, and the trial court entered summary judgment against North River. North River moved to set aside the summary judgment on the basis that the trial court did not have jurisdiction to forfeit the bond. North River argues that the trial court’s order that defendant abstain from possessing firearms or controlled substances materially increased North River’s risk, and therefore voided the bond as a matter of law. We hold that the court had jurisdiction to forfeit the bond and enter summary judgment if defendant failed to appear, which is what occurred in this case. We therefore affirm the trial court’s order denying North River’s motion to set aside summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Marlon Recinos was arrested and charged with a violation of Health & Safety Code section 11370.1, subdivision (a), possession of a controlled substance while armed with a loaded, operable firearm. Appellant North…