People v. United States Fire Ins. Co.Annotate this Case
Surety appealed from a summary judgment entered against it on a forfeited bail bond of $25,000. Surety claimed that summary judgment was premature and therefore improper because it was entered while Surety’s motion for an extension of time under Penal Code section 1305.4 was pending. The court concluded that the trial court not only erred by entering summary judgment against Surety while the timely extension motion was pending, but it further erred by failing to set aside the summary judgment once Surety pointed out the trial court’s mistake in a timely motion for relief. The court rejected the County’s argument that the summary judgment was not premature because no further extension of time could have been granted by the trial court under section 1305.4. The court also concluded that, because a proper summary judgment was not entered within 90 days after the date upon which it first could be entered, the bond must be ordered exonerated.