P. v. American Surety
Defendant American Surety Company (American) appeals the denial of its motion to exonerate a bail bond and entry of summary judgment against it on forfeiture of the bond. The criminal defendants bail was forfeited twice, but had been reinstated the first time, without notice to American, when the defendant appeared in court later the same day. American contends the trial court clerk is under a mandatory duty to provide notice of both forfeiture and reinstatement, and the clerks failure to provide either deprived the court of jurisdiction to declare a later forfeiture. (See Pen. Code, 1305.) Court agree and therefore reverse the judgment.
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