People v. The North River Insurance Co.
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After Surety posted a bail bond for the release of a criminal defendant, he failed to appear for a scheduled hearing and the trial court ordered bail forfeited, later entering summary judgment on the bond. Surety contends that the trial court erred in denying its motion to vacate the void summary judgment.
For purposes of the appeal, the Court of Appeal assumed without deciding that the criminal defendant has "sufficient excuse" for not appearing at the scheduled hearing and that the trial court lacked the "jurisdictional prerequisite" to declare a forfeiture of bail. The court published this opinion to set forth its interpretation of what the Supreme Court meant when it referred to the absence of a sufficient excuse as a jurisdictional prerequisite. The court concluded that the trial court had fundamental jurisdiction because, when it declared the forfeiture of bail, the trial court had subject matter jurisdiction over the bail bond and forfeiture proceeding and had personal jurisdiction over Surety. Consequently, the order declaring the forfeiture of bail was, at most, an act in excess of the statutory authority conferred by Penal Code section 1305, subdivision (a). Accordingly, the forfeiture order was not void and the subsequently entered summary judgment was not void. The court affirmed the judgment.
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