P. v. American Contractors Indemnity 10/8/03 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E031426

Case Date: 10/08/2003

Preview:Filed 10/8/03

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. AMERICAN CONTRACTORS INDEMNITY COMPANY, Defendant and Appellant. E031426 (Super.Ct.No. 99NF2727) OPINION

APPEAL from the Superior Court of Orange County. Richard W. Stanford, Jr., Judge. Affirmed. Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant. Benjamin P. de Mayo, County Counsel, and Wendy J. Phillips, Deputy County Counsel, for Plaintiff and Respondent. 1. Introduction American Contractors Indemnity Company (ACIC), surety on a bail bond, appeals from an order denying its motion to set aside a summary judgment on the bond. By its motion, ACIC sought to discharge the forfeiture of the bond and exonerate the bond.

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ACIC contends that the summary judgment was void because it was entered before the expiration of the 185-day period for discharging the forfeiture of the bond. (Pen. Code,

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