Frame, Roland Martin et al vs Perfection Pools and Spas, Inc et al

DocketCourt Trial; Civil Minutes; Judicial Officer: Benson, Stephen E; Hearing Time: 8:30 AM; Cancel Reason: Vacated; Comment: 3 Day Time Estimate

DocketTrial Readiness Conference; Civil Minutes; Judicial Officer: Mosbarger, Tamara L; Hearing Time: 10:00 AM; Cancel Reason: Vacated; Comment: 3 Day Time Estimate

DocketRequest for Dismissal Entire Action - Entered

DocketMinute Order; Civil Minutes

DocketTentative Ruling; Comment: Defendant Perfection Pools & Spas, Inc.'s motion for judgment on the pleadings is granted. With regard to the first cause of action for breach of contract, the Court accepts as true the allegations that the parties entered into a written agreement on January 28, 2011 (see, Paragraph BC-1), and Defendant breached the agreement on June 1, 2011 (see, Paragraph BC-2). Pursuant to Code of Civil Procedure section 337, Plaintiffs had four years, or until June 1, 2015, to file on their claim. The Complaint, filed March 12, 2020, is therefore time-barred. With regard to the second cause of action for breach of the warranty of merchantability, the same is true. The Court accepts as true the allegation that beginning in 2011 and continuing to the present Plaintiffs complained to Defendant. The Court rejects Plaintiffs' argument that the 10-year statute of limitations in Code of Civil Procedure section 337.15 applies. Rather, section 337.15 sets the outer limit of when an action based on a latent defect may be brought. (See, i.e., Lantzy v. Centex Homes (2003) 31 Cal. 4th 363, 369-370.) Plaintiffs bear the burden of showing the pleading defects can be cured on amendment. Plaintiffs do not address leave to amend. Therefore, Defendant's motion is granted without leave to amend. Defendant shall prepare the form of Order.

DocketMotion hearings - Predisposition; Perfect Pools & Spas, Inc's Notice of Motion and Motion for Judgment on Pleadings; Memorandum of Points & Authorities in Support of Motion for Judgment on Pleadings; Declaration of Estabrook in Support of Motion for Judgment on Pleadings; Proof of Service of Motion for Judgment on Pleadings; Plaintiff's Opposition to Motion for Judgment of the Pleadings; Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement; Civil Minutes; Judicial Officer: Benson, Stephen E; Hearing Time: 9:00 AM; Result: Held; Comment: Perfection Pools & Spa, Inc's Motion for Judgment on Pleadings; Plaintiff; Attorney: Wattenberg, Stephan R; Defendant; Attorney: Sims, Bobby Dale, Jr.; Plaintiff; Attorney: Wattenberg, Stephan R; Defendant; Retained Counsel: Sosa, Carlos Eduardo

DocketReply; Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement; Comment: Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement on Pleadings

DocketMotion hearings - Predisposition; Plaintiffs' Notice of Motion and Motion to Compel Defendant's Verified Responses; For Monetary; Plaintiffs' Points and Authorities in Support of Plaintiffs' Motion to Compel Defendant's Verified; Declaration of Claire E. Greene in Support of Plaintiffs' Motion to Compel Verified Responses; Opposition to Plaintiff's Motion to Compel Verified Responses; Declaration of Estabrook in Support of Opposition to Plaintiff's Motion to Compel Verified Responses; Judicial Officer: Benson, Stephen E; Hearing Time: 9:00 AM; Cancel Reason: Vacated; Comment: Plaintiffs' Motion to Compel Defendant's Verified Responses; for Monetary Sanctions

DocketOpposition - No Fee; Plaintiff's Opposition to Motion for Judgment of the Pleadings; Comment: Plaintiff's Opposition to Motion for Judgment of the Pleadings

DocketRequest for Dismissal - Entered in Part; Request for Dismissal - Entered in Part as to Plaintiff's Motion to Compel Verified Responses Only; Comment: Request for Dismissal - Entered in Part as to Plaintiff's Motion to Compel Verified Responses Only

Cause Of ActionCause Of Action: Contract; Type: Action; Description: Breach of Implied Warranty of Merchantability

Cause Of ActionCause Of Action: Contract; Type: Action; Description: Breach of Contract; Remedy: Court Costs; Amount: $435.0

DocketCause Of Action; Action Judicial Review; File Date 03/12/2020

DocketCause Of Action; Action Contract; File Date 03/12/2020

DocketCause Of Action; Action Contract; File Date 03/12/2020

DocketProof of Service; Unserved; Served: 03/17/20201:28 PM

DocketNotice of Assignment and Case Management Conference; Judicial Officer: Glusman, Robert A

DocketSummons Issued and Filed

DocketCivil Case Cover Sheet

DocketComplaint