Gate City Bail Bonds
Therefore, the Court concluded the notice was legitimate and the summary judgment correct. The surety might have appealed the summary judgment or filed a well timed motion to vacate it, but instead the surety waited till after the attraction interval expired and moved to set the judgment apart for lack of jurisdiction. American Contractors Indemnity Company v. County of Orange, 29 Cal.Rptr.3d 916 (Cal. App. 2005) acknowledged that the certificate of mailing filed by the clerk did not comply with Penal Code §1013a because it didn’t embrace the name and tackle of the individuals served.
The surety moved to put aside the judgment on the ground that no discover of the primary forfeiture was mailed and so the court misplaced jurisdiction to enter judgment on the bond. Not surprisingly, the courtroom rejected this argument and held that there was no requirement to mail discover of the primary forfeiture because the bond had been reinstated with the surety’s consent. The defendant pled responsible and bail was continued pending sentencing. The court warned the defendant that he confronted a considerably longer sentence if he failed to seem and indicated that it needed the bail agent to agree that the bail continued in drive. The bail agent did not agree, and the defendant did not appear for sentencing.
On January 16 he went to the clerk’s workplace and had his look re-set for January 20. Penal Code §1305(c) offers that the court should exonerate the bond if the defendant … Read More