People v. International Fidelity Insurance
Opinion
Lead Opinion
Dawson, J.
—A surety on a bail bond is appealing an order denying its motion to set aside summary judgment, to discharge forfeiture, and to exonerate the bond. The surety contends its $65,000 bond was void. The People disagree. We agree with the surety and accordingly reverse.
FACTS AND PROCEEDINGS
On November 25, 2008, Bankers Insurance Company (Bankers) posted a $35,000 bond for the release of Jose Juan Enriquez from custody in Kings Superior Court case No. 10C0299.
On August 25, 2009, at a court appearance at which Enriquez was present, a deputy district attorney informed the court that Enriquez had outstanding warrants in four other driving under the influence cases and requested that Enriquez be remanded to custody in case No. 10C0299. The trial court continued the case until September 1, 2009, asked that the other cases be pulled for the hearing on that date, and remanded Enriquez to the custody of the sheriff. The court stated: “Bail is going to be set at this time at $100,000.” Subsequently, the court stated, “He does have a bail bond in this matter. How much is the bail bond—$35,000. I’ll allow the $35,000 to remain. The additional amount is $65,000.” The deputy district…