People v. Indiana Lumbermens Mutual Insurance

*931 Opinion

Defendant and appellant Indiana Lumbermens Mutual Insurance Company (the Surety) appeals an order denying its motion to set aside a summary judgment on a forfeited bail bond.

The Surety posted a bond for criminal defendant Hassan Saleh’s release from custody. The trial court signed a Penal Code section 1275.1 order placing a hold on Saleh’s release, pending a hearing to establish the bail funds were not feloniously obtained. 2 Saleh erroneously was released from custody without the section 1275.1 hearing having been held.

At the subsequent section 1275.1 hearing, the trial court stated it was “not satisfied” the source of funds for the bail premium was legitimate, but continued the matter for further proceedings and allowed Saleh to remain free on bond. Thereafter, Saleh failed to appear, at which time the trial court declared the bond forfeited. The trial court subsequently entered summary judgment on the forfeited bond and later denied the Surety’s motion to set aside the summary judgment.

The Surety appeals, contending the bond was not subject to forfeiture because the release of Saleh from custody in violation of section 1275.1 rendered the bail bond…