Legal Opinion

Cnty. of Orange v. Seneca Ins. Co.

California Court of Appeal, 5th District

Decided April 19, 2019No. G055660Published

1Opinion of the CourtThompson, J.

*74*196This case requires us to interpret Penal Code section 1308, subdivision (a),1 which concerns a person or company's ability to act as a surety on bail when a prior summary judgment against it stemming from a bail forfeiture remains unpaid. We find the statutory language is unambiguous. It specifies, without exception, that if an appeal bond is not posted and a bail forfeiture related summary judgment remains unpaid after 30 days from service of the notice of entry of judgment, the indebted person or company may not be accepted as a surety on bail. In this case it is undisputed there is an…

2Cases cited5 opinions

  1. In Re Tobacco II CasesCalifornia Supreme Court · 2009
  2. People v. Safety National Casualty Corp.California Supreme Court · 2016
  3. Green v. ZissisCalifornia Court of Appeal · 1992
  4. County of Orange v. Classified Ins. Corp.California Court of Appeal · 1990
  5. People v. American Contractors Indemnity Co.California Court of Appeal · 2006

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