County of Los Angeles v. Wilshire Insurance

Opinion

HANSON, J.— Introduction

This is a consolidated appeal by a surety from the superior court’s denial of its motion, following a bail bond forfeiture, to reduce its obligation by the amount of the penalty assessment imposed by Penal Code section 13521.

This is a case of first impression.

The Cases

The appellant-defendant Wilshire Insurance Company (hereinafter Surety) in the above captioned cases posted its bail bond No. 30A-10257 in the case of People v. Van Horn (Los Angeles Superior Court case No. A278856) and its bail bond No. 60A-10035 in another Van Horn criminal case (Los Angeles Superior Court case No. A271251).

[954]The defendant Van Horn failed to appear in the criminal court at the prescribed times, and bail wás forfeited. Notice of forfeiture was given and payment not having been made by the Surety, proceedings were instituted under Penal Code section 1306 resulting in a “Summary Judgment on Bail Bond Forfeiture” oh each bond.

In People v. Van Horn case No. A271251 bail was fixed at $25,000 and the amount of $6,250 was added thereto, as provided in Penal Code section 13521, making the total amount of the Surety’s obligation in this case, $31,250.

In People v. Van Horn case No. A278856 bail was fixed at $20,000 and the amount of $5,000 was added thereto as provided in Penal Code section 13521, making the total amount of the Surety’s obligation in this case, $25,000.

The court below denied the defendant Surety’s motion to reduce its obligation by the amount of the penalty assessment.

Defendant Surety appeals.

Contentions

On appeal the defendant Surety contends that the 25 percent (25%) penalty assessment required by Penal Code section 135211 is unconstitu[955]tional and void as applied to bail and relies on McDermott v. Superior Court, 6 Cal.3d 693 [100 Cal.Rptr. 297, 493 P.2d 1161], as authority.