People v. Cotton Belt Ins. Co.

Opinion

ELKINGTON, J.

Defendant Cotton Belt Insurance Company, in the business of acting as surety on bail bonds, appeals from an order of the superior court denying its motion to set aside a summary judgment for the amount of a bail bond written for a defaulted criminally accused person.

Penal Code section 1305 provides that when a bailed criminally charged defendant neglects to appear in court as ordered, “the court must direct the fact to be entered upon the minutes and the undertaking of bail. . . must thereupon be declared forfeited. ” Notice of such action shall be mailed to the surety of…