County of Los Angeles v. Surety Insurance

Appellant Surety Insurance Company appeals from an order denying appellant’s motion to set aside a summary judgment on bail bond forfeiture. (Pen. Code, § 1306.)

*706 Appellant’s bail bond, executed by appellant’s attorney in fact and licensed bail agent, and filed January 7, 1982, undertook that the defendant in a certain criminal prosecution, People v. Davila (Super. Ct. L.A. Co., No. A344714), would appear in court on January 11, or if the defendant failed to perform such conditions appellant would pay the People of the State of California $15,000. Davila failed to appear on January 11, bail was forfeited, appellant failed to move within 180 days to set aside the forfeiture, and summary judgment pursuant to Penal Code section 1306 was entered against appellant on September 23, 1982.

On December 1, 1983, appellant moved to set aside the judgment, contending that the bond was “void.” The trial court denied the motion and this appeal followed.

Appellant based its motion on the fact that at the bottom of appellant’s bail bond form there is a blank which states:

Appellant contends that this blank is for the court’s approval of the bond pursuant to Penal Code section…