Case Last Refreshed: 4 months ago
Frame, Donna, Frame, Roland Martin, filed a(n) Breach of Contract - Commercial case represented by Wattenberg, Stephan R, against Old Republic Surety Company, Perfection Pools And Spas, Inc, represented by Sims, Bobby Dale, Jr., Sosa, Carlos Eduardo, in the jurisdiction of Butte County. This case was filed in Butte County Superior Courts with Stephen E. Benson presiding.
Case Number |
Time To Management181 days |
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Filing DateMarch 12, 2020 |
Category(06) Unlimited Breach Of Contract/Warranty |
Time To Trial585 days |
Last RefreshedDecember 09, 2023 |
Practice AreaCommercial |
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Filing LocationButte County, CA |
Matter TypeBreach of Contract |
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This complaint is a legal document filed in the Superior Court of California, County of Butte. The plaintiffs, Roland Martin Frame and Donna Frame, are suing the defendants, Perfection Pools and Spas, Inc. and Old Republic Surety Company, for breach ...
Case Management Statement
Date: August 20, 2020
Case Management Statement
Date: August 14, 2020
Answer - Response - Denial - Unlimited
Date: May 04, 2020
Case Management Conference
Date: September 09, 2020
Complaint
Date: March 12, 2020
Motion - Fee
Date: December 15, 2020
Case Management Statement
Date: November 16, 2020
Case Management Statement
Date: November 18, 2020
Memorandum of Points and Authorities
Date: December 15, 2020
Opposition - No Fee
Date: January 06, 2021
Reply
Date: January 20, 2021
Declaration
Date: January 06, 2021
Request for Dismissal - Entered in Part
Date: January 12, 2021
Memorandum of Points and Authorities
Date: December 22, 2020
Notice of Reassignment
Date: January 04, 2021
Motion hearings - Predispo
Date: January 27, 2021
Motion - Fee
Date: December 22, 2020
Case Management Conference
Date: December 09, 2020
Declaration
Date: December 22, 2020
Opposition - No Fee
Date: January 12, 2021
Motion hearings - Predispo
Date: January 20, 2021
Declaration
Date: December 15, 2020| Date | Type | Description | |
|---|---|---|---|
| October 18, 2021 | Docket Event |
Civil Minutes Court Trial 3 Day Time Estimate Judge: Benson, Stephen E |
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| October 13, 2021 | Docket Event |
Civil Minutes Trial Readiness Conference 3 Day Time Estimate Judge: Benson, Stephen E |
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| January 27, 2021 | Tentative Ruling |
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 th...
Judge: Benson, Stephen E |
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| January 27, 2021 | Docket Event |
Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement Motion hearings - Predispo Perfection Pools & Spa, Inc's Motion for Judgment on Pleadings Judge: Benson, Stephen E |
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| January 27, 2021 | Docket Event |
Tentative Ruling 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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| January 20, 2021 | Docket Event |
Perfection Pools & Spas, Inc's Reply to Plaintiff's Opposition to the Motion for Judgement on Pleadings Reply |
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| January 20, 2021 | Docket Event |
Declaration of Claire E. Greene in Support of Plaintiffs' Motion to Compel Verified Responses Motion hearings - Predispo Plaintiffs' Motion to Compel Defendant's Verified Responses; for Monetary Sanctions Judge: Benson, Stephen E |
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| January 12, 2021 | Docket Event |
Request for Dismissal - Entered in Part as to Plaintiff's Motion to Compel Verified Responses Only Request for Dismissal - Entered in Part |
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| January 12, 2021 | Docket Event |
Plaintiff's Opposition to Motion for Judgment of the Pleadings Opposition - No Fee |
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| January 06, 2021 | Docket Event |
Opposition to Plaintiff's Motion to Compel Verified Responses Opposition - No Fee |
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