This case was last updated from Butte County Superior Courts on 06/19/2022 at 00:23:34 (UTC).

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

Case Summary

On 03/12/2020 Frame, Roland Martin filed a Contract - Other Contract lawsuit against Perfection Pools and Spas, Inc. This case was filed in Butte County Superior Courts, Butte County Superior Court - North Butte County Courthouse located in Butte, California. The Judges overseeing this case are Benson, Stephen E, Glusman, Robert A, Worley, Kurt W, Gingery, Virginia and Mosbarger, Tamara L. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****0754

  • Filing Date:

    03/12/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

Judge Details

Judges

Benson, Stephen E

Glusman, Robert A

Worley, Kurt W

Gingery, Virginia

Mosbarger, Tamara L

 

Party Details

Plaintiffs

Frame, Roland Martin

Frame, Donna

Defendants

Old Republic Surety Company

Perfection Pools and Spas, Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Greene, Claire Elisabeth

Wattenberg, Stephan R

Defendant Attorneys

Sosa, Carlos Eduardo

Pagan, John Michael

Sims, Bobby Dale, Jr.

Estabrook, Gregory

Sims, Bobby Dale, Jr

 

Court Documents

Request for Dismissal Entire Action - Entered

05/27/2021: Request for Dismissal Entire Action - Entered

Civil Minutes

01/27/2021: Civil Minutes

Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement

01/20/2021: Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement

Plaintiff's Opposition to Motion for Judgment of the Pleadings

01/12/2021: Plaintiff's Opposition to Motion for Judgment of the Pleadings

Declaration of Estabrook in Support of Opposition to Plaintiff's Motion to Compel Verified Responses

01/06/2021: Declaration of Estabrook in Support of Opposition to Plaintiff's Motion to Compel Verified Responses

Opposition to Plaintiff's Motion to Compel Verified Responses

01/06/2021: Opposition to Plaintiff's Motion to Compel Verified Responses

Declaration of Claire E. Greene in Support of Plaintiffs' Motion to Compel Verified Responses

12/22/2020: Declaration of Claire E. Greene in Support of Plaintiffs' Motion to Compel Verified Responses

Plaintiffs' Points and Authorities in Support of Plaintiffs' Motion to Compel Defendant's Verified

12/22/2020: Plaintiffs' Points and Authorities in Support of Plaintiffs' Motion to Compel Defendant's Verified

Plaintiffs' Notice of Motion and Motion to Compel Defendant's Verified Responses; For Monetary

12/22/2020: Plaintiffs' Notice of Motion and Motion to Compel Defendant's Verified Responses; For Monetary

Proof of Service of Motion for Judgment on Pleadings

12/15/2020: Proof of Service of Motion for Judgment on Pleadings

Declaration of Estabrook in Support of Motion for Judgment on Pleadings

12/15/2020: Declaration of Estabrook in Support of Motion for Judgment on Pleadings

Memorandum of Points & Authorities in Support of Motion for Judgment on Pleadings

12/15/2020: Memorandum of Points & Authorities in Support of Motion for Judgment on Pleadings

Perfect Pools & Spas, Inc's Notice of Motion and Motion for Judgment on Pleadings

12/15/2020: Perfect Pools & Spas, Inc's Notice of Motion and Motion for Judgment on Pleadings

Civil Minutes

12/09/2020: Civil Minutes

Notice of Assignment and Case Management Conference

03/12/2020: Notice of Assignment and Case Management Conference

Summons Issued and Filed

03/12/2020: Summons Issued and Filed

Civil Case Cover Sheet

03/12/2020: Civil Case Cover Sheet

Complaint

03/12/2020: Complaint

47 More Documents Available

 

Docket Entries

  • 10/18/2021
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  • DocketCourt Trial; Civil Minutes; Judicial Officer: Benson, Stephen E; Hearing Time: 8:30 AM; Cancel Reason: Vacated; Comment: 3 Day Time Estimate

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  • 10/13/2021
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  • DocketTrial Readiness Conference; Civil Minutes; Judicial Officer: Mosbarger, Tamara L; Hearing Time: 10:00 AM; Cancel Reason: Vacated; Comment: 3 Day Time Estimate

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  • 05/27/2021
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  • DocketRequest for Dismissal Entire Action - Entered

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  • 01/27/2021
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  • DocketMinute Order; Civil Minutes

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  • 01/27/2021
  • 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.

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  • 01/27/2021
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  • 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

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  • 01/20/2021
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  • 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

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  • 01/20/2021
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  • 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

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  • 01/12/2021
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  • DocketOpposition - No Fee; Plaintiff's Opposition to Motion for Judgment of the Pleadings; Comment: Plaintiff's Opposition to Motion for Judgment of the Pleadings

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  • 01/12/2021
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  • 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

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24 More Docket Entries
  • 03/12/2020
  • Cause Of ActionCause Of Action: Contract; Type: Action; Description: Breach of Implied Warranty of Merchantability

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  • 03/12/2020
  • Cause Of ActionCause Of Action: Contract; Type: Action; Description: Breach of Contract; Remedy: Court Costs; Amount: $435.0

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

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

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

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  • 03/12/2020
  • DocketProof of Service; Unserved; Served: 03/17/20201:28 PM

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  • 03/12/2020
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  • DocketNotice of Assignment and Case Management Conference; Judicial Officer: Glusman, Robert A

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  • 03/12/2020
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  • DocketSummons Issued and Filed

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  • 03/12/2020
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  • DocketCivil Case Cover Sheet

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  • 03/12/2020
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  • DocketComplaint

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