Poolside Gardens v. Lee CA2/4

BACKGROUND

A. Poolside’s Complaint The following facts are taken from the allegations of Poolside’s complaint. In early 2022, Lee engaged Poolside to remodel her pool. Their agreement included Poolside’s preparation of the pool, installation of tile, lights, and other features, and certain services, but it did not include installation of river rock or restarting the pool. Restarting a pool following construction work is a “specialized and technical process” that includes “daily maintenance and cleaning for approximately seven to ten days to ensure that there is no damage to the pool plaster.” After completing its work, Poolside recommended that Lee engage a

1 Unless otherwise specified, statutory references in this opinion are to the Code of Civil Procedure.

2 professional to restart the pool, but Lee indicated that she would restart the pool herself. In September 2022, Lee informed Poolside of a pinhole- sized leak where a submerged light cover was located. Poolside determined that there was no risk of physical danger and that the leak was “easily fixable” by tightening the fixture or applying a small amount of sealer. Poolside notified Lee that it would fix the issue,…