County of Los Angeles v. Surety Insurance

Opinion

ASHBY, Acting P. J. Appellant Surety Insurance Company appeals from an order denying appellant’s motion to set aside a summary judgment on bail bond forfeiture. (Pen. Code, § 1306.)1

[706]Appellant’s bail bond, executed by appellant’s attorney in fact and licensed bail agent, and filed January 7, 1982, undertook that the defendant in a certain criminal prosecution, People v. Davila (Super. Ct. L.A. Co., No. A344714), would appear in court on January 11, or if the defendant failed to perform such conditions appellant would pay the People of the State of California $15,000. Davila failed to appear on January 11, bail was forfeited, appellant failed to move within 180 days to set aside the forfeiture, and summary judgment pursuant to Penal Code section 1306 was entered against appellant on September 23, 1982.

On December 1, 1983, appellant moved to set aside the judgment, contending that the bond was “void.” The trial court denied the motion and this appeal followed.

Appellant based its motion on the fact that at the bottom of appellant’s bail bond form there is a blank which states:

“Accepted/

“Approved this_day of_, 19_

(Name and Title)”

Appellant contends that this blank is for the court’s approval of the bond pursuant to Penal Code section 1269a, and that the absence of a judicial indorsement of approval on the face of the bond renders the bond void and unenforceable. There is no merit to this contention.2

Appellant cites Penal Code section 1269a which provides: “Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount specified in the indorsement referred to in Section 815a, and where an undertaking is furnished, upon a written order of such court or magistrate approving the undertaking. All such orders must be signed by such court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.” (Italics added.)