People v. Indiana Lumbermens Mut. Ins. Co., B208691
Order denying defendant's motion to vacate summary judgment and forfeiture and exonerate bond is reversed where: 1) it was sufficient that a defendant was surrendered to custody outside the county in the underlying case within the 180-day period; and 2) the summary judgment was void as the defendant was surrendered to custody within 180 days and thus the court lacked jurisdiction to enter summary judgment on the forfeited bond.
- Decided 07/21/2009
- Published 07/21/2009
- California Court of Appeal
- For Appellees:
- Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant., Two Jinn, Inc., Peter A. Botz, Robert Tomlin White and Toni L. Martinson for Indiana Lumbermens Mutual Insurance Company as Amicus Curiae on behalf of Defendant and Appellant., Raymond G. Fortner, Jr., County Counsel, Jason C. Carnevale, Deputy County Counsel, for Plaintiff and Respondent.