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People v. Ranger Insurance Co., 2006 WL 979247 (California April 14, 2006)
Ranger Insurance Co. v. State, 2006 WL 2872097 and 2872359 (Los Angeles October 11, 2006) affirmed the trial court in two consolidated cases in which the surety bail bond company argued that the court commissioner did not have authority to sign judgments of bond forfeiture. In the first case, the surety prevailed on another argument and the state did not appeal, so the Court of Appeals refused to consider the case. In the second case, the Court held that the commissioner’s judgment was valid under the de facto officer doctrine. Only an elected judge had authority to sign the judgment, and the commissioner was an appointed official not an elected judge, but under the de facto officer doctrine the officer’s actions are valid and binding on the parties until the officer’s authority or status is attacked. This appears to mean that in the future commissioners will not be able to sign bail bond forfeiture judgments but that ones already signed are valid.
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