People v. Fin. Cas. & Sur., Inc.

*130 I. INTRODUCTION

Appellant Financial Casualty & Surety Inc. (Financial Casualty) appeals from an order denying its motion to vacate forfeiture and exonerate a bail bond. Financial Casualty contends that, pursuant to Penal Code 1 section 1305, the trial court lost its jurisdiction over the bail bond by failing to declare a bail forfeiture when defendant *184 failed to appear at his first hearing. Second, pursuant to section 1305, subdivision (d), it argues that performance of the bail contract was rendered impossible because defendant was permanently unable to appear in court after he was deported from the United States.

We disagree that the trial court had no jurisdiction to declare a forfeiture, and conclude Financial Casualty failed to meet its burden of proving defendant had been deported. We find no abuse of the trial court's discretion.

*131 In addition, Financial Casualty contends the court's decision to deny its motion to set aside the People's summary judgment order was error. In support of its claim Financial Casualty argues the trial court erred by ordering summary judgment prematurely before it first ruled on appellant's renewed motion to vacate the bail…