People v. National Automobile & Casualty Co.

pany and its agents from an order dated June 7, 1967, denying a motion to vacate a summary judgment entered pursuant to Penal Code section 1306, the contentions are that: 1) on the failure of the defendant in the criminal action to appear on September 29, 1966, the court was required to declare the bail forfeited; 2) the clerk’s failure to notify the surety at that time relieved it of all obligations; and 3) the order of October 26, 1966, setting aside the forfeiture, exonerated the surety in any event. For reasons set forth below, we have concluded that there is no merit in these contentions.