Legal Opinion
People v. Amwest Surety Insurance
California Court of Appeal
Decided December 30, 2004No. B166906PublishedCited by 12 opinions
1Opinion of the Court
Opinion
BOLAND, J.
SUMMARY
When the trial court fails to declare a bail bond forfeited on the record in open court, the bond is exonerated and the court loses jurisdiction over the bond. The court’s later entry of summary judgment on the bond is void, not merely voidable, and is subject to collateral attack at any time. These principles require reversal of the trial court’s order refusing to set aside the summary judgment entered in this case.
FACTUAL AND PROCEDURAL BACKGROUND
On April 21, 1999, Amwest Surety Insurance Company issued a $30,000 bail bond to secure the release of Julio Cesar…
2Cases cited6 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Barquis v. Merchants Collection Assn.California Supreme Court · 1972
- People v. American Contractors Indemnity Co.California Supreme Court · 2004
- People v. United Bonding InsuranceCalifornia Supreme Court · 1971
- People v. Frontier Pacific Ins. Co.California Court of Appeal · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. Allegheny Casualty Co.California Supreme Court · 2007
- People v. International Fidelity InsuranceCalifornia Court of Appeal · 2012
- People v. Bankers InsuranceCalifornia Court of Appeal · 2010
- People v. Bankers InsuranceCalifornia Court of Appeal · 2010
- County of Santa Barbara v. American Surety CA2/6California Court of Appeal · 2013
7 more not listed; retrieve them via the Exa API.