P. v. Indiana Lumbermans Mut. Ins. Co. 7/21/09 CA2/3

State: California

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

Docket No: B208691A

Case Date: 10/22/2009

Preview:Filed 7/21/09 Reposted to provide correct file date; no change to opinion text

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Defendant and Appellant.

B208691 (Los Angeles County Super. Ct. No. SJ0969)

APPEAL from an order of the Superior Court of Los Angeles County, Richard S. Kemalyan, Judge. Reversed with directions. Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant. Two Jinn, Inc., Peter A. Botz, Robert Tomlin and Toni L. Martinson for Indiana Lumbermens Mutual Insurance Company as Amicus Curiae on behalf of Defendant and Appellant. Raymond G. Fortner, Jr., County Counsel, Jason C. Carnevale, Deputy County Counsel, for Plaintiff and Respondent.

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Defendant and appellant Indiana Lumbermens Mutual Insurance Company (the Surety) appeals a postjudgment order denying its motion to vacate summary judgment and forfeiture and exonerate bond. The defendant, one Laimbeer, failed to appear and bail was forfeited. Some three months later, Laimbeer was surrendered to custody in the underlying case, outside the county where the case is located. (Pen. Code,

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