Order denying defendant's motion to vacate summary judgment and forfeiture and exonerate bond is reversed where: 1) it was sufficient that a defendant was surrendered to custody outside the county in the underlying case within the 180-day period; and 2) the summary judgment was void as the defendant was surrendered to custody within 180 days and thus the court lacked jurisdiction to enter summary judgment on the forfeited bond.
APPEAL from an order of the Superior Court of Los Angeles County, Richard S. Kemalyan, Judge. Reversed with directions.
SECOND APPELLATE DISTRICT, DIVISION THREE
Filed July 21, 2009
Before KLEIN, P.J., ALDRICH, J., CROSKY, J.
Opinion by KLEIN, P.J.
For Plaintiff: Raymond G. Fortner, Jr., County Counsel, Jason C. Carnevale, Deputy County Counsel.
For Defendant: Nunez & Bernstein and E. Alan Nunez.