Irwin

People v. Irwin

Good Law
146 Cal. App. 3d 867·194 Cal. Rptr. 864·1983 Cal. App. LEXIS 2127
Court of Appeal of CaliforniaSeptember 2, 1983No. AO16784California740 words

Opinion

Lead Opinion

Elkington, J.

The instant appeal is taken by Rod Buntjer and Landon White Bail Bonds, claiming to be parties aggrieved by a summary judgment *869 for $3,000 entered against Cotton Belt Insurance Company. The judgment was entered upon forfeiture of a bail bond assuring the presence of defendant Irwin when required by the court in a criminal action pending against him.

Cotton Belt Insurance Company, an authorized corporate surety insurer, was the surety on defendant Irwin’s $3,000 bail bond. Real parties in interest Rod Buntjer and Landon White Bail Bonds were the bail agent or solicitor, which posted the bond.

Defendant Irwin had failed to appear, April 9, 1981, at a regularly scheduled hearing of his case in the municipal court, whereupon the following proceedings, according to its minute order, were taken:

Notice of the proceedings was sent by the clerk of the court to Rod Buntjer and Landon White Bail Bonds, but not to Cotton Belt Insurance Company, as was also required by Penal Code section 1305 (subd. (a), 1st par).

On the next morning, (Apr. 10, 1981) defendant appeared in the courtroom, but his attorney did not. The case was continued “to 4-15-81 @ 9:30 a.m. . . . Bench…

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