`DOCKET NO: FST-CV23-5028537-S
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`SERENA T FACCHERA
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`Plaintiff,
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`RPM POOL TECHNICIANS LLC AND
`ROBERT MORANGE
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`Defendants.
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`SUPERIOR COURT
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`JUDICIAL DISTRICT
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`STAMFORD/NORWALK
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`AT STAMFORD
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`MARCH 26, 2024
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`AMENDED COMPLAINT
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`COUNT ONE: (BREACH OF CONTRACT)
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`1. At all times referenced herein, Plaintiff Serena T Facchera was an individual residing
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`in Westport, Connecticut, County of Fairfield.
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`2. At all times referenced herein, Defendant RPM Pool Technicians LLC (hereinafter
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`“RPM Pool”) was a domestic limited liability company with a principal place of business at 939
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`High Ridge Road, Stamford, CT 06905.
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`3. At all times referenced herein Robert Morange was an agent, employee and or owner
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`of Defendant RPM Pool.
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`4. On or about February 13, 2021 Plaintiff entered into a writing contract with RPM Pool
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`for the, inter alia, “construction of a new cover trough, cover material, hydraulic pump, tracks,
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`pullies, switch and all hardware associated with new installation”. The total cost was $21,200.00.
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`5. The new pool cover was for Plaintiff’s pool located at 329 Chestnut Hill Road, Unit 4,
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`Norwalk, CT 06851.
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`6. On or about February 15, 2021 Plaintiff paid Defendant RPM Pool $13,780 for the
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`“pool cover”. This represented “65% Deposit to secure work” as stated in the written contract.
`1
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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`7. The balance of “35% Deposit on completion” was due in the amount of $7,420.00.
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`8. Robert Morange, acting within the scope of authority and with the authority of his
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`agency or employment on behalf of and in furtherance of the business of Defendant RPM Pool
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`signed the written contract on behalf of his employer, Defendant RPM Pool.
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`9. To date, Defendant RPM Pool has not installed the summer pool cover and all
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`necessary components in order to operate the pool cover, as agreed upon by the parties in
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`writing.
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`10. Plaintiff has performed all the conditions on Plaintiff’s part to be fulfilled.
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`11. Based on the foregoing statement of facts, Defendant has breached the written
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`contract.
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`12. As a result of Defendant’s breach, Plaintiff has suffered damages.
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`COUNT TWO: (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR
`DEALING)
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`13. Paragraphs 1 through 12 of Count One above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 1 through 12 of this Count.
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`14. Defendant RPM Pool had an obligation to exercise good faith when performing its
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`duties specifically outlined in the signed contract dated February 13, 2021.
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`15. Defendant engaged in bad faith by failing to perform its obligations in the contract by
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`inter alia, failing to install a summer pool cover despite Plaintiff paying for sixty five (65%) of
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`the contract price within the time frame agreed upon in the parties’ contract.
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`16. As a result of Defendant’s breach of the implied covenant of good faith and fair
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`dealing, Plaintiff has suffered damages.
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`COUNT THREE: (CUTPA)
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`2
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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`17. Paragraphs 1 through 16 of Count Two above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 1 through 15 of this Count.
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`18. Defendant’s foregoing described conduct constitutes unfair competition and unfair
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`acts or practices in the conduct of trade or commerce.
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`19. By engaging in the foregoing acts and conduct, Defendant has violated the
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`Connecticut Unfair Trade Practices Act (“CUTPA”), C.G.S. §42-110a, et seq.
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`20. By reason of the foregoing, Plaintiff has sustained ascertainable loss.
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`COUNT FOUR: (NEGLIGENT MISREPRESENTATION- Robert Morange)
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`21. At all times referenced herein, Plaintiff Serena T Facchera was an individual
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`residing in Westport, Connecticut, County of Fairfield.
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`22. Upon information and belief, Defendant Robert Morange is an individual residing in
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`Stamford, Connecticut, County of Fairfield.
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`23. On or about February 13, 2021 Defendant Robert Morange represented to Plaintiff
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`that he was in the business of, inter alia, servicing inground pools including the installation of
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`pool covers for both winter and summer seasons.
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`24. RPM Pool Technicians advertises itself as a “premier pool service”.
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`25. RPM Pool Technicians’ website represents and states: “In 2020, when COVID-19
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`presented itself, existing customers planning stay-at-home vacations and new residential
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`homeowners relocating into Fairfield and Westchester Counties, RPMPT was presented with a
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`demand for a quality, reliable, and thorough no-nonsense pool renovation service, unlike the
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`experiences shared by clients with horrible experiences”.
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`3
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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`26. Robert Morange advertises himself as having “24 +” years in this skilled trade and
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`“has the best specialty service partners who dedicate their life’s work to inground swimming
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`pools”.
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`27. On or about February 13, 2021 Plaintiff believed, based on Defendant’s
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`representations, he was an agent, employee or owner of the reputable pool company named RPM
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`Pool Technicians.
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`28. On or about February 13, 2021 Defendant Robert Morange presented Plaintiff with a
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`contract for services, including the installation of a new pool cover.
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`29. Based on Defendant’s representations, Plaintiff entered into a writing contract, on
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`February 13, 2021, with RPM Pool Technicians for the, inter alia, “construction of a new cover
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`trough, cover material, hydraulic pump, tracks, pullies, switch and all hardware associated with
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`new installation”. The total cost was $21,200.00.
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`30. The new pool cover was for Plaintiff’s pool located at 329 Chestnut Hill Road, Unit
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`4, Norwalk, CT 06851.
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`31. Upon information and belief, RPM Pool Technicians was created on February 3, 2022
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`by filing Articles of Organization with the Secretary of State of the State of Connecticut on
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`February 3, 2022.
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`32. RPM Pool Technicians was not in existence at the time Defendant Morange
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`represented RPM Pool Technicians would perform the work Plaintiff paid for.
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`33. Based on Defendant’s representations, Plaintiff paid Defendant Robert Morange
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`$13,780.00 for the “pool cover” via check on February 15, 2021.
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`34. To date, Defendant Robert Morange has not installed the new cover and all necessary
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`components in order to operate the pool cover, as represented by Defendant.
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`4
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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` 35. Plaintiff reasonably relied upon the statements made by Defendant Robert Morange
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`and the accuracy and truthfulness of the statements.
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`36. Based on the foregoing statement of facts, Plaintiff has suffered damages.
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`COUNT FIVE: (INTENTIONAL MISREPRESENTATION- Robert Morange)
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`37. Paragraphs 19 through 36 of Count Four above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 1 through 34 of this Count.
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`38. Defendant Robert Morange’ knew, or should have known, his statements of fact were
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`false when made.
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`39. Plaintiff relied on the statements made by Defendant in paying him $13,780.00 via
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`check.
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`40. As a result of Plaintiff’s reliance on Defendant’s statements, Plaintiff has suffered
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`damages.
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`COUNT SIX: (FRAUD- Robert Morange)
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`41. Paragraphs 19 through 40 of Count Five above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 19 through 40 of this Count.
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`42. To induce Plaintiff to pay the sum of $13,780.00, Defendant represented to Plaintiff
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`that he was an agent, employee or owner of a reputable pool company named RPM Pool
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`Technicians.
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`43. Defendant’s representations were false and Defendant should have known them to be
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`false and they were made by Defendant to induce Plaintiff to pay $13,780.00.
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`44. Plaintiff relied on Defendant’s representations to her detriment in that Defendant
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`represented he and his company would install a pool cover on Plaintiff’s inground pool.
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`5
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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`45. As a direct result of Defendant’s fraudulent representations, Plaintiff has suffered
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`damages.
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`COUNT SEVEN: (UNJUST ENRICHMENT- Robert Morange)
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`46. Paragraphs 19 through 45 of Count Six above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 19 through 45 of this Count.
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`47. Defendant Robert Morange has been unjustly enriched and Plaintiff has been harmed
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`and damaged by Defendant’s failure to return Plaintiff’s $13,780.00 despite demand.
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`COUNT EIGHT: (RECKLESSNESS- Robert Morange)
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`48. Paragraphs 19 through 47 of Count Seven above are realleged and incorporated by
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`reference as if fully set forth herein as paragraphs 19 through 47 of this Count.
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`49. Defendant’s conduct as described herein indicates a reckless disregard of the just
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`rights or safety of others, namely Plaintiff, or of the consequences of his actions.
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`50. Defendant’s actions were clearly a reckless indifference to the rights of others,
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`namely Plaintiff.
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`51. As a result of Defendant’s reckless conduct, Plaintiff has suffered damages.
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`WHEREFORE, Plaintiff claims
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`1. Monetary damages;
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`2. Attorney’s fees, costs and expenses, pursuant to Connecticut General Statutes §42-
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`110g(d) and/or Connecticut common law;
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`3. Punitive damages pursuant to Connecticut General Statutes §35-53 and/or Connecticut
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`General Statutes 42-110g(d) and/or common law;
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`4. Pre-judgment interest;
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`5. Post-judgement interest;
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`6
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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`6. Such other relief to which Plaintiff is entitled in law and/or equity; and
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`7. Such other relief as the Court deems just and proper.
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`PLAINTIFF,
`SERENA FACCHERA
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`By:____/s/__________________
`Nicholas J. Adamucci, Esq.
`Adamucci, LLC.
`67 Holly Hill Lane, Suite 308A
`Greenwich, CT 06830
`Juris No. 427071
`Phone: (203) 485-9707
`Email: adamuccilaw@hotmail.com
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`7
` ADAMUCCI, LLC.
`COUNSELOR AT LAW
`67 HOLLY HILL LANE, SUITE 308A· GREENWICH, CT 06830 · TEL. (203) 485-9707 ·FAX (203) 724-2028
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