Bleeker vs Continental Heritage Insurance Company

Case No.: 37-2019-00060426-CU-BC-CTL    

TENTATIVE RULING: Defendant CONTINENTAL HERITAGE INSURANCE's Demurrer to Plaintiff's Complaint is SUSTAINED without leave to amend.

Defendant CONTINENTAL HERITAGE INSURANCE COMPANY ("Defendant") asserts Plaintiff NEIL C. BLEEKER ("Plaintiff") has not and cannot allege the breach of contract claims based on the Exhibits to the complaint. Plaintiff alleges "[t]he only security for the bond premium was the Honda motorcycle, and the only security for the Bond was the Trust Deed on the Property" and that the Honda motorcycle was repossessed, exhausting the security. Plaintiff further alleges his bankruptcy discharged the bond premium obligation.

The Trust Deed states it "secures payment of all indebtedness, fees and expenses incurred by way of a BAIL BOND AGREEMENT executed by the undersigned on or about the date thereof in favor of above-detailed defendant and bond number." (Complaint, Exhibit B.) The Trust Deed was signed by Plaintiff. (Complaint, Exhibit........