County of Los Angeles v. Amwest Surety Insurance

In criminal case No. A 367069, appellant Amwest Surety Insurance Company (herein appellant) in 1981 posted bail bond in the sum of $200,000 for defendant Henry Reece, who faced a murder charge. That bail was ordered forfeited on September 11, 1981, owing to the failure of Reece to appear at the trial, while the jury was deliberating.

Notice of the forfeiture was mailed to appellant and to the bail bondsman by the county clerk on September 18, 1981. Appellant filed a motion to set aside the bail forfeiture. 1 On March 30, 1982, that motion was denied. On March 31, 1982, the county clerk demanded payment from appellant.

Thereafter, on May 25, 1982, pursuant to Penal Code section 1306, 2 papers were filed with the superior court in support of a request by respon *964 dent County of Los Angeles (herein respondent) for summary judgment. Summary judgment against appellant was entered on May 26, 1982. Notice of entry of judgment was mailed to appellant on May 26, 1982.

On June 18, 1982, appellant filed a motion to vacate and set aside the judgment against it. Three grounds were urged in support of the motion: (1) that the bail forfeiture of September 11, 1981, was improperly…