People v. Accredited Sur. & Cas. Co.

Good Law
246 Cal. Rptr. 3d 663·34 Cal. App. 5th 891
Court of Appeal of CaliforniaApril 29, 2019C086550California2,984 words

Opinion

Lead Opinion

Renner, J.

*894 Appellant Accredited Surety & Casualty Company (Accredited) appeals from an order denying a motion to vacate forfeiture, exonerate bail, and set aside the summary judgment. Accredited contends: (1) the bail was set unconstitutionally, in violation of defendant Michael Manning's (Manning) due process rights; (2) the bonds are void as they exceed the authority of the power of attorney; and (3) the bond was exonerated by operation of law when the trial court released Manning on his own recognizance with conditions. We find Accredited waived any challenge to defects in the proceedings preliminary to the taking of bail, including setting bail, when it assumed its obligations at the time of the execution of the *665 bond. Further, the record does not support Accredited's argument that the bond exceeded the authority of the power of attorney, and the trial court did not release Manning on his own recognizance, as the notation to that effect is a clerical error. Accordingly, we affirm the judgment. *895 I. BACKGROUND

On September 4, 2015, the People filed a felony complaint charging Manning with seven counts of sex offenses against a child under the age of 14 and one count of…

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