County of Los Angeles v. Resolute Insurance

Opinion

JEFFERSON, Acting P. J.

Resolute Insurance Company (hereinafter referred to as Resolute) appeals from the trial court’s order denying its motion to vacate summary judgment for payment of bail bond following forfeiture.

On July 14, 1969, Resolute, an authorized corporate surety insurer, filed in criminal proceedings duly executed bail bonds on behalf of an accused, Carlos Montes. The bonds had printed on the upper left-hand corner the address of Resolute’s principal California office in Palo Alto, California, and they were stamped in the upper right-hand corner with the name and Fresno, California, address of the bail agent who issued the bonds. The bonds provided that if forfeiture were ordered by the court, judgment could be summarily entered against Resolute for the amount of the undertaking pursuant to sections 1305 and 1306 of the California Penal Code.

On February 24, 1970, the bonds were forfeited for the failure of Carlos Montes to appear on February 6, 1970. On March 13, 1970, notice was sent by the clerk to the Fresno, California address of the bail agent (Albert’s Bail Bonds) who issued the bonds, and to an address in Los Angeles, California, which read as follows:

Resolute Insurance Co.

(A Rhode Island Corp.)

951 North Vignes

Los Angeles, Calif. 90012

MA 8-6387

Dan Majors, General Agent

[963]

No notice was mailed to the surety’s principal office in Palo Alto, California, the address of which was imprinted on the bail bonds.

On November 17, 1970, a summary judgment was granted ex parte against Resolute for the amount of $15,725 plus 7 percent interest. Notice of the judgment was sent to Albert’s Bail Bonds in Fresno, California, and to the principal office of Resolute in Palo Alto, California, as imprinted on the bonds.

On February 4, 1971, Resolute moved to vacate the summary judgment on grounds that notice of forfeiture was not timely mailed to its principal California office as required by Penal Code section 1305. Two declarations were filed by the county in opposition to the motion, both by employees of the Los Angeles County Clerk. Michael Teehee declared that he mailed notice to the Los Angeles address printed on a stamp which was given to’ him. Michael Collins declared that Dan Majors, whose Los Angeles address appeared on the stamp, represented himself as the general agent of Resolute, and that it was he who later delivered the check in satisfaction of the judgment. The superior court denied Resolute’s motion.