P. v. United States Fire Insurance Company CA4/3
The trial court denied the motion of defendant United States Fire Insurance Company (Appellant) to vacate forfeiture and exonerate bail under Penal Code section 1305, subdivision (f) (section 1305(f)). As a consequence, summary judgment against Appellant was entered pursuant to Penal Code section 1306, subdivision (a). Nearly six months later, Appellant brought a motion under Code of Civil Procedure section 473, subdivision (b) (section 473(b)), to set aside the summary judgment. After the trial court denied the section 473(b) motion, Appellant filed a notice of appeal from both the summary judgment and the postjudgment order denying the section 473(b) motion.
We conclude the notice of appeal was not timely as to the summary judgment and therefore dismiss that portion of the appeal. We also conclude the trial court did not err by denying Appellant’s motion under section 473(b) to set aside the summary judgment and therefore affirm the postjudgment order.
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