People v. Accredited Surety & Casualty Co.

*1138 Opinion

Accredited Surety and Casualty Company (Accredited) appeals from an order denying its motions to vacate the forfeiture of a bail bond, and from the summary judgment entered in favor of the People on the forfeiture of that bond. We affirm.

Background Relating to Bail Bond Statutes

As the California Supreme Court recently outlined: “When a person for whom a bail bond has been posted fails without sufficient excuse to appear as required, the trial court must declare a forfeiture of the bond. (Pen. Code, § 1305, subd. (a) [unspecified statutory references that follow are to the Penal Code].) The surety that posted the bond then has a statutory ‘appearance’ period in which either to produce the accused in court and have the forfeiture set aside, or to demonstrate other circumstances requiring the court to vacate the forfeiture. If the forfeiture is not set aside by the end of the appearance period, the court is required to enter summary judgment against the surety. (§ 1306, subd. (a).)” (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 657 [ 16 Cal.Rptr.3d 76 , 93 P.3d 1020 ], fn. omitted.)

“While bail bond proceedings occur in connection with…