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

Filed 4/12/21 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 Co. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B295267

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SJ4550) v.

THE NORTH RIVER INSURANCE CO. et al.,

Defendants and Appellants.

APPEAL from a judgment and a postjudgment order of the Superior Court of Los Angeles County, Maame Frimpong and Victoria Wilson, Judges. Affirmed. Jefferson T. Stamp for Defendants and Appellants. Mary C. Wickham, County Counsel, Adrian G. Gragas, Assistant County Counsel, and David D. Lee, Deputy County Counsel for Plaintiff and Respondent.

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INTRODUCTION Bad Boys Bail Bonds, acting as the agent for The North River Insurance Company (collectively, North River), posted a bail bond to secure the release of a criminal defendant. When the defendant failed to appear at a bench warrant hearing, a superior court judge in the Metropolitan Courthouse ordered the bond forfeited. A different superior court judge in the Clara Shortridge Foltz Criminal Justice Center subsequently entered summary judgment against North River on the bond. A third superior court judge denied North River’s motion to set aside the summary judgment. North River appeals from the summary judgment and the denial of its motion to set aside the judgment. On March 12, 2021 North River notified the court that it “concede[s] this appeal” in light of People v. The North River Ins. Co. (2020) 53 Cal.App.5th 559 (North River). North River did not dismiss its appeal, however. We therefore address the appeal, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND On July 17, 2017 North River posted a $60,000 bail bond to secure the release of Henry Vasquez. On August 8, 2017 Vasquez failed to appear at a bench warrant hearing. The court1 ordered the bond forfeited. On August 11, 2017 the court’s clerk mailed North River a notice of forfeiture. The notice advised North River that its contractual obligation to pay the bond would become absolute in 186 days, unless the bond forfeiture was set aside and the bond