County of Orange v. Lexington National Insurance

Opinion

ARONSON, J.

Lexington National Insurance Corporation (Lexington) appeals the trial court’s denial of its motion to exonerate a bail bond and entry of summary judgment against it on forfeiture of the bond. Lexington contends the statutory bail scheme imposes a mandatory duty on the trial court clerk to provide notice of a forfeiture and, when the clerk failed to send notice of an initial forfeiture declared when the bonded defendant missed an appearance, the trial court lost jurisdiction to declare a later forfeiture and enter summary judgment against Lexington. (See Pen. Code, § 1305;…