People v. The North River Insurance Co.Annotate this Case
After defendant obtained a bail bond but did not appear as ordered, the trial court forfeited the bond and entered summary judgment on the bond against the bond's surety. Almost two years later, the surety moved to set aside the summary judgment under Code of Civil Procedure section 473, subdivision (d), based on the ground that the trial court's failure to inquire into defendant's ability to pay when setting bail rendered the bond (and hence the summary judgment) "void."
The Court of Appeal affirmed the trial court's denial of the surety's motion, holding that the trial court acted within its discretion in denying relief. The court reasoned that the trial court would have abused its discretion had it awarded the relief the surety sought. The court published to explain the many reasons why the surety's argument must be rejected as a matter of law.