Calvitti Pools & Spas, Inc. dba Blue Haven Pools & Spas v. Stephanie Patton and Robert Patton

── Calvitti Pools & Spas, Inc. dba Blue Haven Pools & Spas v. Stephanie Patton and Robert Patton ── Court: Court of Chancery of Delaware Date: April 21, 2026 Category: General IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE CALVITTI POOLS & SPAS, INC., d/b/a BLUE HAVEN POOLS & SPAS, Plaintiff, C.A. No. 2025-0595-CDW v. STEPHANIE PATTON and ROBERT PATTON, Defendants. REPORT DENYING MOTION TO TRANSFER AND GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS Date Submitted: January 2, 2026 Date Decided: April 21, 2026 William B. Larson, Jr., Jalen S. Frantal, MANNING GROSS + MASSENBURG LLP, Wilmington, Delaware; Counsel for Plaintiff M. Edward Danberg, THE DANBERG LAW FIRM LLC, Newark, Delaware; Counsel for Defendants WRIGHT, M.  Plaintiff in this action seeks to confirm an arbitration award it won against defendants arising out of a construction contract for a swimming pool. Defendants say the case belongs in the Court of Common Pleas because the contract is a consumer credit contract and the Delaware Uniform Arbitration Act vests that court with exclusive jurisdiction to hear arbitration-related claims involving such contracts. This report resolves defendants’ motion to transfer and plaintiff’s motion for judgment on the pleadings. I recommend the court deny defendants’ motion to transfer and grant plaintiff’s motion for judgment on the pleadings. I. BACKGROUND The facts are straightforward. Plaintiff is a business that builds and designs residential swimming pools.1 Defendants are married to each other and reside in Middletown, Delaware.2 On June 8, 2022, plaintiff began constructing a swimming pool on defendants’ property, in accordance with an executed contract (“Pool Contract”).3 1 See generally Verified Compl. to Confirm Arbitration Award (“Compl.”), Dkt. 1; Dkt. 1 Ex. A at 1 (“Pool Contract”). 2 Compl. ¶ 2. 3 Pool Contract 1. A. The Contracts The Pool Contract is, in part, an order form which contains the specific details for the design and construction of the pool.4 The Pool Contract lists both defendants’ names and refers to them collectively as “Buyer.”5 Under the Pool Contract, Buyer agreed to full cash payment to be made at three different progress periods.6 The order-form side of the Pool Contract also contains a “holder rule” notice, which states that “any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.”7 On the flip-side of the Pool Contract are its terms and conditions.8 Paragraph 12 of the terms and conditions is the “Payment” term and gives plaintiff the right to discontinue its performance if timely payment is not made.9 4 See id. 5 See id. (“Name Stephanie and Robert Patton (hereinafter referred to as ‘Owner or Buyer’ and sometimes collectively referred to as ‘Buyer’) enter into this Swimming Pool Contract ‘Contract’”). The Pool Contract only bears Robert Patton’s signature. See id. 6 Id. (“Buyer agrees to pay the total cash price of this contract, less deposit at the following intervals ad in the percentages stated below[.]”). 7 Id. 8 See id. 2. 9 Id. -2- Paragraph 13 dictates what constitutes a default by either party.10 Paragraph 19 is an arbitration provision which states that claims must be brought in arbitration held in Montgomery County, Pennsylvania.11 Paragraph 20 contains a non-disparagement provision and a severability provision.12 Plaintiff and Buyer also executed a separate arbitration agreement with the Pool Contract (“Arbitration Agreement”).13 Through this agreement, plaintiff and Buyer agreed to arbitrate two sets of claims. First, they agreed to arbitrate “any controversy, action, dispute, breach or question relating to or arising out of the swimming pool contract an