Roth Grading, Inc. v. Martin Brothers Construction
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROTH GRADING, INC., No. 2:20-cv-00336-KJM-CKD Plaintiff, v. ORDER MARTIN BROTHERS
CONSTRUCTION,
15 Defendant.
17 This is a commercial contract dispute. Roth Grading, Inc. (Roth) sued Martin Brothers Construction (Martin) after Martin backed out of a deal to buy construction equipment. Martin moves for judgment on the pleadings, arguing there was either no contract or Roth filed this lawsuit after the limitations period had run. Mot. for J. on the Pleadings, ECF No. 30, at 1. The court heard oral argument by videoconference on August 4, 2020. Hr’g Minutes, ECF No. 40. Aaron Smeall and I. Hooshie Broomand appeared for plaintiff; James Kirby, II and Lanny Winberry appeared for defendants. Id. As explained further below, the motion is granted: there was a contract, but Roth sued too late. I. FACTS AND PROCEDURAL HISTORY Roth sells impactors, which use a large, rotating drum to break concrete, compact 28 …