P. v. Accredited Surety and Casualty Co. CA5
A surety on a $50,000 bail bond appeals from an order denying its motion to set aside a summary judgment entered on the bond. Surety contends that after the appearance period expired on October 21, 2019, the trial court lacked the jurisdiction to order reinstatement of the bail bond, surety’s consent to the reinstatement did not confer the necessary jurisdiction, and the reinstatement order is void. Surety also contends that the September 3, 2020 summary judgment ultimately entered on the bail bond is voidable and the bail bond must be exonerated pursuant to Penal Code section 1306, subdivision (c) because the summary judgment was not filed within 90 days after the appearance period expired on October 21, 2019.
The trial court concluded the surety was estopped from challenging the reinstatement order because the surety (1) had prior notice that a reinstatement order would be entered, (2) gave its written consent to the reinstatement,
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