People v. Aegis Security Insurance

Opinion

SILLS, P. J. Aegis Security Insurance Company, surety for Zzoom Bail Bonds, appeals from the denial of its motion to set aside summary judgment on its bond and to exonerate bail. Although the period within which the forfeiture could be set aside (the appearance period; see People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 658 [16 Cal.Rptr.3d 76, 93 P.3d 1020]) had expired, Aegis contends the trial court lacked jurisdiction to enter summary judgment on the bond because there was a pending motion to extend the period. Aegis claims because it filed the motion to extend before the appearance period expired, the trial court prematurely entered judgment against it, thus losing jurisdiction. We agree the order was entered prematurely; because the trial court had fundamental jurisdiction over the parties and the subject matter, however, its order was merely voidable and is not subject to collateral attack. Accordingly, we affirm.

FACTS

Aegis issued a bail bond for Robert Banuelos in October 2002. He failed to appear on December 16, 2002, and the trial court declared the bail forfeited. Notice of forfeiture was mailed on December 18, thus fixing the expiration of the appearance period at June 21, 2003, the 185th day following the mailing. On June 6, Aegis filed a motion to extend the appearance period, which was granted on July 23; the appearance period was then set to expire on September 5. On September 8, the trial court granted the surety’s second motion to extend, and set the expiration of the appearance period for [1074]October 3. On October 3, the surety filed a third motion to extend, and a hearing was scheduled for November 3, 2003.1

Notwithstanding the pending motion, the trial court entered summary judgment against the surety on October 15. On November 3, the third motion to extend the appearance period was denied. The surety did not appeal from the summary judgment, and it became final on December 23, 2003. About two months later, the surety moved to set aside the summary judgment, arguing the trial court had no jurisdiction to enter summary judgment while a timely motion to extend was pending. The motion to set aside the summary judgment was denied, and the surety appeals from that denial.