People v. Amwest Surety Insurance

Opinion

HUFFMAN, J.

The People appeal an order of the superior court granting the motion of defendant Amwest Surety Insurance Company (Amwest) to set aside a summary judgment entered against it. (Pen. Code, § 1306.) The summary judgment was entered after Amwest’s motion to exonerate bond was denied and the bond forfeited because the trial court believed a sufficient excuse may have existed for a previous failure to appear in court of the defendant, Avina M. Martin, who was the subject of the Amwest bail bond, and who later failed to appear again, this time causing the forfeiture of the bond.

At…