People v. American Surety Co. CA2/6

Filed 1/27/22 P. v. American Surety Co. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Civil No. B311899 (Super. Ct. No. 56-2020- Plaintiff and Respondent, 00541778-CU-BC-VTA) (Ventura County) v.

AMERICAN SURETY COMPANY,

Defendant and Appellant.

American Surety Company (American Surety) appeals from an order denying its motion to set aside summary judgment on forfeiture of a bail bond. American Surety ignores the basis of the trial court’s ruling and omits material trial court filings from the record. This precludes us from considering the appeal’s merits. Had we done so, we would have rejected the surety’s challenges to California’s consent judgment procedures as contrary to clear, prevailing authority. Judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND The Ventura County District Attorney charged Cristian Otega Cruz with transporting or selling methamphetamine on November 1, 2018.1 Cruz pleaded not guilty. The trial court remanded him to custody in lieu of bail in the amount of $100,000. Trust of Bankers, a different surety than appellant, posted a bond for Cruz’s release shortly after his bail review hearing on November 5. Cruz failed to appear for the preliminary hearing. The court ordered the bond forfeited, issued a warrant, and set bail at $125,000. Cruz promptly returned to custody. The court exonerated the Trust of Bankers bond and again remanded him to custody in lieu of bail. The court reduced bail to $100,000 over the People’s objection at a second review hearing. American Surety posted the bond at issue in December 2018. Cruz failed to appear at the pre-trial conference in March of 2019. The court ordered his bond forfeited and directed the clerk to mail notice of forfeiture to American Surety. Respondent County of Ventura (County) filed this case on June 10, 2020. The court entered summary judgment against American Surety in the amount of $100,000 plus costs. (Pen. Code, § 1306, subd. (a).2) American Surety moved to vacate summary judgment under section 1305.4 in December of 2020. The court denied the motion on January 26, 2021. American Surety then moved to set aside the summary judgment contending the court lacked jurisdiction to enter judgment because it set bail at an unconstitutional amount. The court denied the motion as an