People v. The North River Ins. Co. CA2/7

Filed 10/14/20 P. v. The North River Ins. Co. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B295103

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SJ4403) v.

THE NORTH RIVER INSURANCE COMPANY et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Anne Egerton, Dorothy Kim, David R. Fields, Maame Frimpong and Alison Matsumoto Estrada, Judges. Affirmed. Jefferson T. Stamp for Defendants and Appellants The North River Insurance Company and Bad Boy Bail Bonds. Mary C. Wickham, County Counsel, Adrian G. Gragas, Assistant County Counsel, and Kelsey C. Nau, Deputy County Counsel, for Plaintiff and Respondent.

The North River Insurance Company and its agent Bad Boys Bail Bonds (collectively North River parties) appeal the superior court’s order denying its motion to set aside summary judgment, vacate forfeiture and exonerate the bond forfeited when the criminal defendant for whom it had been posted failed to appear in court as required. The North River parties argue on appeal, as they did in their motion to set aside, that the summary judgment was void because it had been entered by a different Los Angeles Superior Court judge from the one who had declared the bond forfeited. We rejected the identical argument in People v. The North River Ins. Co. (2020) 53 Cal.App.5th 559. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Bad Boys Bail Bonds posted a $75,000 bail bond on February 17, 2015 to secure the release of Alvaro Calderon from custody following his arrest. Calderon failed to appear in court on October 13, 2015 as required, and the court (Los Angeles Superior Court Judge Anne Egerton) ordered the bond forfeited. The clerk mailed the North River parties a notice of forfeiture on October 16, 2015. When Calderon still failed to appear after several extensions of the appearance period had been granted at the request of the North River parties, Los Angeles Superior Court Judge David R. Fields signed and entered summary judgment in favor of the People. The North River parties moved to set aside the summary judgment, vacate forfeiture and exonerate the bond, arguing summary judgment entered by a judge who had not declared the forfeiture violated their statutory and due process rights. The court denied the motion, and the North River parties appealed.