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PEOPLE v. AMWEST SUR. INS. CO.

No. B166906.

22 Cal.Rptr.3d 810 (2004)

125 Cal.App.4th 547

The PEOPLE, Plaintiff and Respondent, v. AMWEST SURETY INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

December 30, 2004.

Attorney(s) appearing for the Case

Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant.

Gary N. Miller, Assistant County Counsel and Elizabeth D. Miller, Deputy County Counsel, for Plaintiff and Respondent.

BOLAND, J.

SUMMARY

When the trial court fails to declare a bail bond forfeited on the record in open court, the bond is exonerated and the court loses jurisdiction over the bond. The court's later entry of summary judgment on the bond is void, not merely voidable, and is subject to collateral attack at any time. These principles require reversal of the trial court's order refusing to set aside the summary...

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