People v. Aegis Security Insurance

Aegis Security Insurance Company, surety for Zzoom Bail Bonds, appeals from the denial of its motion to set aside summary judgment on its bond and to exonerate bail. Although the period within which the forfeiture could be set aside (the appearance period; see People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 658 [ 16 Cal.Rptr.3d 76 , 93 P.3d 1020 ]) had expired, Aegis contends the trial court lacked jurisdiction to enter summary judgment on the bond because there was a pending motion to extend the period. Aegis claims because it filed the motion to extend before the appearance period expired, the trial court prematurely entered judgment against it, thus losing jurisdiction. We agree the order was entered prematurely; because the trial court had fundamental jurisdiction over the parties and the subject matter, however, its order was merely voidable and is not subject to collateral attack. Accordingly, we affirm.

FACTS

Aegis issued a bail bond for Robert Banuelos in October 2002. He failed to appear on December 16, 2002, and the trial court declared the bail forfeited. Notice of forfeiture was mailed on December 18, thus fixing the expiration of the…