People v. American Contractors Indemnity Co.

Good Law
110 Cal. Rptr. 2d 799·2001 Cal. App. LEXIS 647·2001 Daily Journal DAR 8797·91 Cal. App. 4th 799·2001 Cal. Daily Op. Serv. 7184
Court of Appeal of CaliforniaAugust 16, 2001No. B137602; No. B144246California5,114 words

Opinion

Lead Opinion

Curry, J.

This case involves two consolidated appeals. In the first (B137602), American Contractors Indemnity Company (American Contractors) appealed from orders denying its motions to vacate forfeiture of a bond. In the second (B144246), the County of Los Angeles (County) appealed from an order setting aside summary judgment and exonerating the same bond. Both appeals present the issue of whether the failure to give notice of forfeiture in precise accordance with Penal Code section 1305, subdivision (b) 1 exonerates a bond. The second appeal also raises the issue of how to calculate the last day on which motion for summary judgment on a bond may be granted. We agree with American Contractors that it was not given proper notice of forfeiture, which, under the statute, must result in release of its obligation on the bond.

Factual and Procedural History

No. B137602

On February 16, 1999, Hyun G. Kang was found guilty of multiple counts of assault, robbery, and rape. On February 26, 1999, Kang was released pursuant to a $2.5 million bond posted by OK Bail Bonds acting as an agent for American Contractors. Kang was ordered to reappear on April 6, 1999, at 8:00 a.m. for a sentencing…

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