California Court of Appeal

In an action by a surety on a bail bond to have forfeiture discharged and the bond exonerated, the district court's order denying a motion to vacate summary judgment against the surety is reversed, where: 1) bail in the amount of $35,000 posted by another surety was exonerated by operation of law when the defendant was remanded to the custody of the sheriff on the same date bail was reset at $100,000 and the plaintiff posted bond for $65,000; 2) the plaintiff's bond was void because under contract principles, the plaintiff did not receive the benefit of the additional $35,000 of bail being in place; and 3) the district court therefore lacked fundamental jurisdiction, and any summary judgment purportedly entered on the nonexistent bond was void.

Appellate Information

• Decided 03/21/2012
• Published 03/21/2012

Judges

• Dawson

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• E. Alan Nunez, David Hamilton