County of Los Angeles v. Classified Insurance

Opinion

WOODS, P. J. Classified Insurance Corporation (Classified), a bail bond surety, appeals the imposition of postjudgment interest on its bail bond forfeiture. We affirm, finding no error.

Classified posted bail bond in the sum of $5,000 for Ferguson T. Colbert, a criminal defendant. On December 30, 1985, Tolbert failed to appear in court and the bail was declared forfeited. Notice of forfeiture was mailed on January 7, 1986. On August 28, 1986, after Classified failed to bring an action within 180 days of the notice of forfeiture asserting adequate grounds [62]on which relief from forfeiture could be granted, summary judgment was entered against Classified pursuant to Penal Code section 1306.

The summary judgment provided for a “judgment in the sum of $5,000.00, together with costs in the sum of $99.00, for a total of $5,099.00, together with interest thereon at the rate of 10% per annum from the date hereon until paid.”

Classified moved to vacate the summary judgment on the grounds that the judgment was entered in excess of jurisdiction and was therefore void. The court denied the motion and this appeal followed.

Penal Code section 1306 provides, in relevant part: “(a) When ány bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture, regardless of the amount of the bail, shall enter a summary judgment against each bondsman named in the bond in the amount for which the bondsman is bound. In no event shall the judgment exceed the amount of the bond, with costs, and notwithstanding any other provision of law, no penalty assessments shall be levied or added to the judgment.

“(d) The district attorney or civil legal adviser of the board of supervisors shall:

“(2) If the judgment remains unpaid for a period of 20 days after demand has been made, shall forthwith enforce the judgment in the manner provided for enforcement of money judgments generally.”

Classified contends that the. more particularized proscription of Penal Code section 1306, subdivision (a) that, “in no event shall the judgment exceed the amount of the bond, with costs, and notwithstanding any other provision of law, no penalty assessments shall be levied or added to the judgment,” overrides the more general reference in Penal Code section 1306, subdivision (d)(2) to enforcing the judgment “in the manner provided for enforcement of money judgments generally.” Classified further contends that the imposition of postjudgment interest constituted a “penalty assessment” within the meaning of Penal Code section 1306, subdivision (a).