People v. Kong Bail Bond Agency

*1122 Opinion

Appellant King Bail Bond Agency (appellant), the agent-indemnitor of American Bankers Insurance Company, appeals from: (1) an order denying its motion to vacate a previous order forfeiting bail and to exonerate the bail bond; and (2) the subsequent summary judgment on bail forfeiture. 1 For the reasons discussed herein, we reverse the order denying appellant’s motion to vacate the previous order forfeiting bail and the summary judgment entered in favor of respondent County of Los Angeles (County).

Facts

On June 29, 1987, a complaint was filed, charging Mary Alice Sanchez with child detention with right to custody. (Pen. Code, § 278.5, subd. (b).) Bail was set at $250,000 and subsequently was reduced to $100,000. On December 11, 1987, Ms. Sanchez was held to answer and, on the People’s motion, the bail again was increased to $250,000. Ms. Sanchez was remanded, and her $100,000 bail was exonerated.

On December 14, 1987, appellant posted a bail bond issued by American Bankers Insurance Company in the amount of $250,000 for Ms. Sanchez’s release. It is this bail bond which is the subject of this appeal.

During the course of the jury trial, Ms. Sanchez had been…