California Court of Appeal

The trial court's denial of defendant-surety's motion to set aside summary judgment, discharge forfeiture and exonerate bail, after defendant Cheng failed to appear for sentencing, causing bail to be forfeited, is affirmed, where: 1) the notice to defendant-surety, a professional surety, although easily capable of improvement, satisfied due process requirements; and 2) although the summary judgment was entered beyond the statutory deadline, defendant-surety is estopped to complain because it acquiesced in the scheduling error leading to the late entry of the summary judgment.

Appellate Information

• Decided 10/28/2013
• Published 10/28/2013

Judges

• POLLAK

Court

• California Court of Appeal

Counsel