People v. The North River Ins. Co. CA2/5

Filed 9/29/20 P. v. The North River Ins. Co. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

PEOPLE OF THE STATE OF B294457 CALIFORNIA, (Los Angeles County Plaintiff and Respondent, Super. Ct. Nos. OSJ1825, GA093074) v.

THE NORTH RIVER INSURANCE CO.,

Defendant and Appellant;

BAD BOYS BAIL BONDS,

Real Party in Interest and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kerry Bensinger, Judge. Affirmed. Jefferson T. Stamp, for Appellants.

Office of the County Counsel, Mary C. Wickham, County Counsel, and Adrian G. Gragas, Assistant County Counsel, for Plaintiff and Respondent.

2

Bad Boys Bail Bonds, acting as the agent for The North River Insurance Company (Agent and Surety, respectively), posted a bail bond in the amount of $150,000 on behalf of criminal defendant Michael Shanazari (Shanazari). The trial court ordered the bond forfeited when Shanazari failed to appear for a hearing and later entered summary judgment on the forfeited bond. In this appeal from the trial court’s denial of Agent and Surety’s motion to set aside the judgment, we are asked to decide whether the bail bond is void because the trial court did not inquire into Shanazari’s ability to pay when setting bail, as In re Humphrey (2018) 19 Cal.App.5th 1006, review granted May 23, 2018, S247278 (Humphrey) holds a trial court should. We also consider whether the judgment is void because it was not entered by the same judge who ordered the bond forfeited.