People v. Surety Insurance

Opinion

STEPHENS, Acting P. J.

Surety Insurance Company of California (hereafter Surety) appeals from an order denying its motion to vacate a forfeiture of a surety bond and to have its bond exonerated. The primary concern is whether or not the superior court, by reason of its failure to declare an immediate forfeiture of the bail bond at a proceeding in which defendant Santoyo failed to appear, lost its jurisdiction to declare the forfeiture at a later date. We conclude that the court did lose its jurisdiction to declare the forfeiture.

The relevant facts are as follows: On March 27, 1981, an…