People v. Amwest Surety Insurance

Good Law
104 Cal. Rptr. 2d 282·2001 Cal. App. LEXIS 109·2001 Daily Journal DAR 1717·87 Cal. App. 4th 69·1 Cal. Daily Op. Serv. 1399
Court of Appeal of CaliforniaFebruary 14, 2001No. E027310California705 words

Opinion

Lead Opinion

Ward, J.

Defendant and appellant Amwest Surety Insurance Company (Amwest) appeals the trial court’s order denying its renewed motion to set aside summary judgment on a bail bond forfeiture. 1 We affirm the judgment.

Facts

Sanchez Bail Bonds (Sanchez) posted a bail bond in the amount of $5,000 on February 2, 1999, for the release of defendant Jonathan Avila Garcia in People v. Garcia, Riverside Superior Court, case No. INF 031791 (the first case). Under the bond, Sanchez guaranteed the appearance of Garcia in court on March 22, 1999. Garcia appeared in court on that date, and he was ordered to return to court several more times on subsequent dates. Garcia appeared in court on the scheduled dates, and the bail bond was continued each time, until June 29, 1999. Garcia failed to appear for a preliminary hearing on June 29, 1999, and, thus, the bail bond was ordered forfeited by the court.

On March 2, 1999, before the bond was ordered forfeited, Garcia was taken into custody on People v. Garcia, Riverside Superior Court, case No. INF 028950 (the second case). Jack Duke Bail Bonds posted a $25,000 bond in the second case.

*71 Amwest initially filed a motion to toll time, or…

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