Park Plaza II, Ltd. v. American Bankers Ins. Co. CA4/3

FACTS AND PROCEDURAL HISTORY

In March 2011, Kayla Tovo executed a written lease to rent an apartment in a Park Plaza development. The lease provided, “Before taking possession of the premises, resident shall deposit with landlord a security deposit in the amount of $300 and a Sure Deposit Bond in the amount of $218.75.” The lease also designated

2 Advanced Management Company (Advanced Management) as the “owner’s management agent.” (Capitalization omitted.) To obtain the Sure Deposit Bond, Tovo executed the “SureDeposit California Enrollment & Bond Acknowledgement” (Enrollment & Acknowledgement) and provided a money order payable to “Sure Deposit” in the amount of $218.75. The Enrollment & Acknowledgement stated, “I am enrolling on a bond that Bankers Insurance Company . . . issued for the benefit of the apartment community named on page two.” Page two of the Enrollment & Acknowledgement identified “Bond Number BIC 1117” as Tovo’s bond for Park Plaza’s apartments. Under the bond, Bankers Insurance Company promised to pay any damages for which Tovo may be liable under her lease, including physical damage to her apartment and unpaid obligations, up to $1,250, and Tovo promised to…