Resolute Insurance v. Municipal Court

*1008 Opinion

The appeals by real party in interest, the People, and the Municipal Court of the Southern Judicial District of San Mateo County are from judgments on review by the superior court. The writs of review by the superior court were issued in two independent cases with identical issues and parallel facts. In both cases the superior court decreed that the appellant municipal court acted in excess of its jurisdiction in granting summary judgments against respondent insurance company pursuant to Penal Code section 1306.

On April 28, 1966, respondent undertook to post bail in the form of a corporate surety bond in the amount of $2,750 to guarantee the appearance of one Willie Pearl Grant. 1 Subsequent to that date the matter of People v. Grant was certified to the Superior Court of San Mateo County with a hearing set for August 1, 1967. 2 The parties on bail failed to appear for their August 1,1967 hearing and the bail was ordered forfeited by the court.

Penal Code section 1306 provided that upon the expiration of 180 days after the court’s declaration that bail be forfeited, the court shall advise the district attorney or civil legal adviser of the board of supervisors of…