People v. Am. Sur. Co.

McKINSTER J.

*679 *384 In an earlier appeal, Indiana Lumbermens Mutual Insurance Company (Lumbermens) challenged an order denying its motion to vacate summary judgment on a bail bond forfeiture and to exonerate the bail bond. The day after Lumbermens filed its notice of appeal, American Surety Company (American), the appellant in this appeal, filed an undertaking to stay enforcement of the summary judgment during the first appeal. In an unpublished opinion, this court affirmed the order denying Lumbermens' motion to vacate *385 the summary judgment and to exonerate the bail bond. (See People v. Indiana Lumbermens Mutual Ins. Co. (June 30, 2016, E062800) 2016 WL 3653536 [nonpub. opn.].)

Six days before this court issued the remittitur in the first appeal, American filed a motion in the trial court to exonerate the undertaking and to be released from liability on the undertaking. The undertaking was filed pursuant to Code of Civil Procedure section 917.1 (unless otherwise indicated, all further statutory references are to the Code Civ. Proc.), which provides, inter alia, for undertakings to stay enforcement of money judgments. Because Lumbermens' appeal was from a postjudgment…