See Teresa Adams v. Cole Haan, LLC, Case No. 1994) (en banc) superseded by statute on other grounds, Private Securities Litigation Reform Act of 1995, 15 U.S.C. Its common to experience an adjustment period with your new mattress. Apr. Therefore, the Court concludes that Plaintiff has plausibly alleged that it does not have an adequate remedy at law for injunctive relief and DENIES Defendant's motion to dismiss the injunctive relief claim.

: 20CV1765-GPC(BGS) (S.D. See protection plan terms and conditions for details. Jerome's Furniture Warehouse v. Ashley Furniture Indus. (Id. 24 at 35.) 3d at 910-11. (Dkt. Based on the reasoning below, the Court GRANTS in part and DENIES in part Defendant's motion to dismiss the first amended complaint. 8:18-cv-01974-JLS-JDE, 2021 WL 819159, at *4 (C.D. (Id. ), Finally, on the sixth factor, Plaintiff has alleged it "has been or is likely to be injured as a result of Ashley's false statements." Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. No. In federal court, where a plaintiff alleges fraud or a claim is grounded in fraud, Rule 9(b) requires a plaintiff to "state with particularity the circumstances constituting fraud or mistake." A company may purchase its competitor's products to conduct market research or, where the competitor's products are unprotected by intellectual property law, in an attempt to reverse engineer a particular feature. 21-1 at 20.) Sept. 13, 2018) (dismissing restitution damages as it was based diverted profits to the defendant and did not demonstrate plaintiff was once in "possession of property wrongfully acquired by [the defendant], or that it had a vested interest in [the defendant's] allegedly wrongfully obtained profits."). ("UCL")' and 3) violation of California's False Advertising Law ("FAL") under Business and Professions Code section 17500 et seq. Vess v. Ciba-Geigy Corp., U.S.A., 317 F.3d 1097, 1103 (9th Cir. *, Planes de proteccin son proporcionados por CNA Warranty Service, Inc. o uno de sus afiliados, y administrados por Guardin Protection Products, Inc. Hickory, NC (GuardianProducts.com)), Goof Proof te cubre sobre la mayora de daos y manchas accidentales *. 4th at 326. Take a picture of the product in your space and share it with your loved ones. reclining No. See Korea Supply, 29 Cal. No. Moreover, the Ninth Circuit has held that Rule 9(b) applies to state-law causes of action, including the UCL and FAL. Direct Ship products are shipped via Fedex typically within 3 to 5 business days, and are not available for pickup. Page numbers are based on the CM/ECF pagination. 21, 24, 26), Plaintiff has been selling quality furniture and home furnishings to retail customers since 1954. Consumers are not informed about the true terms of purchase until they are already in Ashley's stores and usually after they have selected their merchandise. (Id. Id. Food & beverage stains (such as wine, juice, baby formula). On the third factor of whether "the statement actually deceived or had the tendency to deceive a substantial segment of its audience", Defendant argues that Plaintiff does not allege any false statements made by Ashley and does not allege a single instance where a consumer was deceived by the advertisements described in the FAC.

9. R. Civ. 19 at 14-15 (quoting 23andMe, Inc. v. Ancestry.com DNA, LLC, 356 F. Supp. Contrary to Defendant's argument, on the second factor, the FAC alleges that Defendant made numerous false statements as provided in the print advertisements as well as billboard advertisements which were made in commercial advertisement or promotion. If its room temperature, its synthetic. jeromes sectional Defects not covered by Bobs 1 Year Guarantee. 2010) ("A claim of false advertising may be based on at least one of two theories: 'that the challenged advertisement is literally false, i.e., false on its face,' or 'that the advertisement, while not literally false, is nevertheless likely to mislead or confuse consumers.'"). 21.) No. Scan the QR to download the app on your iOS or Android devices, Learn Buying a gift card? 24 at 30-36. Dismissal under Rule 12(b)(6) is appropriate where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory. Daos por mal uso (como saltar sobre los muebles). Plaintiff does not appear to challenge the restitution argument brought by Defendant. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The FAC alleges the Defendant's billboard that was placed along Interstate 15 in Corona, California is materially identical to other billboards used by Ashley throughout Southern California and the rest of the country. 14-35.) 23andMe, Inc., 356 F. Supp. Co. v. Thompson, 693 F.2d 991, 992-93 (9th Cir. It's the Bob's Way to be open, honest and clear! This billboard is materially identical to other billboard advertisements by Defendant throughout Southern California and the rest of the country. 32.)

See Audrey Heredia v. Sunrise Senior Living LLC, Case No. Coverage for motors is limited to a single incident. 4th 310, 320 (2011)). 233.3. .

Accessories include but are not limited to: rugs, lamps, bed protectors, pillows and pillow protectors. 5, 2021). 2012) (internal quotation marks omitted) (quoting Kwikset Corp. v. Superior Ct., 51 Cal. Daos cubiertos por el seguro de propietarios o inquilinos o contratistas que trabajan en su hogar. . (Dkt. (Id. Here, on the first factor, the FAC alleges that Defendant's advertisements made false statements about its own products. SA CV 17-1551-DOC (JDEx), 2017 WL 10526121, at *13 (C.D.

(Id. 14, 18.) 20, FAC 8.) 2003) (applying Rule 9(b) to section 17500 claim); Kearns v. Ford Motor Co., 567 F.3d 1120, 1125 (9th Cir. No. Make your practice more effective and efficient with Casetexts legal research suite. Moreover, communications made on public websites are made in interstate commerce. You may also view your documents online by visiting mybobs.com/goof-proof and clicking on File A Goof Claim. No. 21-1 at 9.)

Cal. jeromes These products include all of my mattresses and most upholstery items. No. Accidental rips, cuts, & burns, and motor breakage: All stains (except caustic and corrosive materials): File a Goof Claim or call 1-800-538-9500. About half the height of the standard foundation, allowing your sleep set to stay lower to the floor. 1990). Here, Plaintiff claims it is not seeking restitution in the form of disgorgement of Defendant's profits but instead, the loss of Plaintiff's profits due to the diversion of its customers to Defendant's stores due to the misleading advertisements. Sonner, 971 F.3d at 844 (citing O'Shea v. Littleton, 414 U.S. 488, 502 (1974) (holding that a complaint seeking equitable relief failed because it did not plead "the basic requisites of the issuance of equitable relief" including "the inadequacy of remedies at law")). 24.) Si tiene alguna pregunta, comunquese con Guardian en lnea o al (800) 538-9500. Id. By grossly inflating the regular price of its products, it misleads consumers into believing that its goods are of higher quality than they really are. Our goal is to do our best to ensure that you are happy with your mattress purchase. This section does not void your rights under any state law in the event of a late or nonconforming delivery. In the unlikely event that your mattress has a factory defect, we will replace it during the stated manufacturers warranty period. (Id. You can rest assured knowing that the foam has been put through a series of tests to ensure content, indoor emissions and durability meet the strict standards of the CertiPUR-US program. ), Second, Plaintiff claims that Defendant falsely and misleadingly advertises by overstating the actual "regular price" of its merchandise in special print advertising for the purpose of falsely inflating the "savings" to be realized from its "sale price." My dual feel option allows you to have it both ways one side plush, one side firm. In response, Plaintiff argues it has alleged that legal remedies are not adequate on the claim for injunctive relief because of the inability to ascertain the amount of future damages from Ashley's continued, future misconduct.

Embrace a soft sleeping experience with my plush feel. . (Id. Accordingly, the Court DENIES Defendant's motion to dismiss the first cause of action for false advertising under the Lanham Act. Fed. These allegations satisfy the standing requirements under the UCL and FAL. Plaintiff filed an opposition. reclining pacifica sectional facing Breakdown of wood & hard-surface furniture (including failure of mechanisms, motors, levers, drawer glides, tracks, & handles)**. For any refund, except as otherwise noted, we will credit the same credit card account on which you charged the original transaction, or we will mail you a refund check from our Home Office within ten (10) business days if you made your payment by cash, check, travelers check, or money order. . reclining mocha pacifica 2008) (quoting Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829 (9th Cir. (Dkt. (Dkt. Its business model offers quality product and outstanding customer service at the lowest prices possible.

No. 2013), as amended on denial of reh'g and reh'g en banc (July 8, 2013) (quotations omitted). 20, FAC.) Value Express items ship via FedEx when purchased alone or in combination with each other. Under Federal Rule of Civil Procedure 8(a)(2), the plaintiff is required only to set forth a "short and plain statement of the claim showing that the pleader is entitled to relief," and "give the defendant fair notice of what the . In Korea Supply, the California Supreme Court announced two theories to support a claim for restitution: first, the court looks at whether the plaintiff is seeking the return of money or property that was once in its possession. "); see also Huynh v. Quora, Inc., No. 48.) 16, 22.) 2d 1059, 1080 (C.D. If your new mattress/foundation is delivered via BOBtastic White Glove Delivery, the team will remove your old mattress/foundation! Breakdown of electronic components (such as cords, USB charging ports, & internal lighting)**. 24 at 36.). (Dkt. Plaintiff avers that these advertisements mislead consumers into believing that Ashley will honor 40% off its regular advertised prices for all its merchandise and honor 60 months to pay off the 40% discounted purchase interest free with no down payment and no minimum purchase. From July 28, 2020 through August 10, 2020, Defendant distributed print advertisements throughout San Diego County and southern California stating "40% OFF PLUS! 24.) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. (Dkt. pacifica 20, 21.) Burns (such as cigarette, e-cigarette and irons).

(Id. Because Congress may regulate the channels and instrumentalities of interstate commerce, and activities that, Furthermore, some courts in this Circuit have presumed both consumer deception and materiality when a, Full title:JEROME'S FURNITURE WAREHOUSE, a California Corporation, Plaintiff, v, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Because Plaintiff has not alleged it is entitled to restitution, the Court GRANTS Defendant's motion to dismiss the restitution claim. Entering a zipcode helps me customize your shopping experience by only showing products available in your area! AECOM Energy & Constr., Inc. v. Ripley, 348 F. Supp. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Todas los reclamos deben ser reportadas dentro de los primero 30 das del incidente.. Estas son algunas excepciones que no estn cubiertas*. No. 2007) (internal quotation marks omitted). No. Mar. 20-cv-06957-VKD, 2021 WL 1253803, at *6 (N.D. Cal. All stains (except caustic and corrosive substances). Id. The only place that gets hot to the touch is the easy-to-spot glowing metal grate above the glass front. Manchas que se acumulan con el tiempo (como suciedad o ensuciamiento general). (Dkt. Each distressed piece is one-of-a-kind!

Bob's Goof Proof serviced by Guardian covers you for 5 full years for all stains and most accidental and unexpected damage that occur from a single incident. Pvt. See Allergan USA Inc. v. Imprimis Pharms, Inc., Case No. Daos al interruptor o al cable (puerto USB no incluido). 5:18CV2813-EJD, 2020 WL 6047253, at *3 (N.D. Cal. 24 at 25-29.). In its prior order, the Court observed that no California state court has addressed whether "competitor plaintiffs must plead their own reliance or whether pleading consumer reliance is sufficient for fraudulent business practice claims brought by competitors" noting a split of authority in the California district courts with a majority view that a plaintiff must alleges its own reliance and not the reliance of third parties. Tambin puede ver sus documentos en lnea visitando mybobs.com/goof-proof y haciendo clic en "Presentar un reclamo de Goof". 20-cv-06703-TSH, 2021 WL 151978, at *10 (N.D. Cal. Moreover, commercial injury is presumed "when defendant and plaintiff are direct competitors and defendant's misrepresentation has a tendency to mislead consumers." On these items, the salesperson represented that they could receive 40% off the already double marked up prices but could not take advantage of the 60 months no interest payments. We can only issue checks to the person(s) listed as the sold to party on the original sales order. Thus, the Court DENIES Defendant's motion to dismiss the second and third causes of action for lack of standing. (internal citation omitted). 2011). (Id. 2001). 2021), this Court found that the plaintiffs plausibly alleged there was no adequate remedy at law for the injunctive relief they sought to end the defendants' business practices because the plaintiffs sought "an order preventing Defendants from using the allegedly fraudulent or unlawful business practices in the future, or in other words, from causing future harm for which damages are not calculable." (Dkt. Id. at 1548. (Id. 21-1 at 15-16.) Based on the examples of ads presented, the real terms of the promotions seldom change at all. 233.1(a) and 16 C.F.R. Plaintiff opposes contending that it has alleged its own reliance and resulting damages and the reliance of consumers, whose reliance proximately, caused injury to it. (Id. 3d 889, 911 (N.D. Cal. the longer you wait the more you save, up to 40% off for 4 months." (Id. 40.) No. The billboard ad misrepresents to the public that Ashley is offering both 50% off the regular advertised purchase price of all merchandise plus 36 months interest free payments. jeromes The FAC presents a print advertisement that was distributed within San Diego County and beyond offering 40% off PLUS 60 months interest free payment, no down payment and no minimum purchase that ran from July 28, 2020 through August 10, 2020. In re GlenFed, Inc. Sec. Cal.

You may return your mattress within 90 days of the original receipt date and we will refund the purchase price minus the original delivery fee. Ct., 51 Cal. 4, 10.) (Id. However, the actual regular advertised price for the set is $1,300.00 and can be viewed by the price listed on its website as of the date of the FAC. 21-1 at 17.) Nov. 16, 2020 ("the plaintiffs have not pleaded inadequate remedies at law to begin with"). Cal. 1127. 20, FAC 14.) 14.) However, "[m]alice, intent, knowledge, and other conditions of a person's mind may be alleged generally." 1994)). 20, FAC 68, 75.) All stains, rips, cuts, punctures, or burns to fabric or vinyl upholstered areas & umbrellas. Sept. 3, 2020) (procedural posture in Sonner did not affect analysis of the traditional division between law and equity); Zaback v. Kellogg Sales Co., No. See Bobbleheads.com, LLC v. Wright Bros., Inc., 259 F. Supp. Apr. No. No. 15.) 36.) Plaintiff alleges the ad is one of many examples of misleading and false advertisement in both print advertising and on Defendant's website to confuse and deceive consumers. For example, the FAC claims that the advertisements promote a percentage off PLUS certain months of interest free payments with no down payment and no minimum purchase; however, the advertisement is false because a consumer cannot reap the benefits of both benefits because Ashley will only honor a percentage off or reduced interest free payments over a period of months. jeromes Cal. Bus. (Dkt. Safer Plug continuously monitors the temperature of the plug during use and automatically shuts off the fireplace if unsafe conditions arise. 3d 1038, 1056 (C.D. The FAC seeks restitution. 20, FAC 60-79.) Moreover, the advertisement is misleading because Ashley does not disclose on the face of the ads that most of the merchandise in its stores are excluded from the terms of the promotion due to other promotions such as "manager's specials" already going on in the store and this disclaimer is buried in tiny fine print at the bottom of the ad. Oct. 13, 2020) ("[N]umerous courts in this circuit have applied Sonner to injunctive relief claims.")). (citing IntegrityMessageBoards.com v. Facebook, Inc., No. In Korea Supply, the court rejected a similar argument. Once you accept your furniture it cannot be returned with a few exceptions We want you to be thrilled with its comfort! On January 15, 2021, the Court granted Defendant's motion to dismiss the complaint with leave to amend. If youre not happy after youve slept on it for 30 days, then don't hesitate to contact us! Manchas de materiales corrosivos que erosionan o pelan el acabado del color. First, it claims that Defendant's use of the term "PLUS" is misleading. reclining pacifica (Id. No. Tempered glass is stronger than your average piece of glass and also offers safety benefits. Breakdown of umbrella or umbrella mechanism**. Because Plaintiff alleged that Defendant's advertisements are literally false, the court may presume that actual deception and materiality are sufficiently alleged. Hon. Id. The UCL and FAL claims are based on allegedly fraudulent advertisements and sound in fraud. Certain stains, odors, and general wear & tear: Issues caused by misuse or the manufacturer: *All claims must be reported within 30 days of the incident. This is one example of ads that Plaintiff routinely employs misrepresenting a percentage off in addition to interest free payments. Damage from misuse (such as jumping on furniture). Some exclusions apply. Odom v. Microsoft Corp., 486 F.3d 541, 553 (9th Cir. This 9" foundation is the most popular choice and pairs well with most beds. 19.) Plaintiff opposes arguing that it alleges that the misleading ads were published within interstate commerce citing to an allegation and picture in the FAC of a billboard along an interstate freeway located in Corona, California. You may arrange for a one time re-selection of the mattress only within 90 days of the original receipt date. No. Daos de animales o mascotas (como daos causados por picos, garras o mandbulas). Pulaski & Middleman, LLC v. Google, Inc., 802 F.3d 979, 985 (9th Cir. Pointing out that the operative complaint did not allege that Sonner lacked an adequate legal remedy and the equitable restitution she sought was the same as damages she sought to compensate for same past harm, the Ninth Circuit affirmed dismissal of the equitable restitution claim under the UCL and CLRA. 2007) ("[T]he Internet is an instrumentality and channel of interstate commerce.") In contrast, consumer plaintiffs are concerned with the deceptive activity itself and suffer a wholly different type of harm from competitorsgetting hoodwinked into purchasing a product or service. 1985); see also Cooper v. Pickett, 137 F.3d 616, 627 (9th Cir. 20, FAC 14, 15, 20 24, 25.) Seam separation, cracking & peeling of leather, & loss of foam resiliency. Defendant further argues that Plaintiff has not alleged any facts that it is entitled to restitution under the UCL or FAL because it has no direct or vested ownership interest in the diverted profits from Plaintiff to Defendant. sectional Kerry Lebensburger, Ashley's Senior Vice President of Business Development, coaches Defendant to engage in these misleading methods of advertising in order to confuse and deceive members into patronizing its stores. Fed. (Dkt.

Fluidos corporales de humanos y mascotas. 24, 2021).

20.) (Id. (Id. A plaintiff alleging competitive injury under the "false advertising" prong "need only believe that he [or she] is likely to be injured in order to bring a Lanham Act claim." 4th at 326 (citations omitted). No. Se aplican algunas exclusiones. (Id. Plaintiff claims it has alleged that Defendant's false and misleading advertisements have diverted its customers to Ashley and Plaintiff should be entitled to profits it would have earned from those customers that were diverted to Defendant's stores. "The object of restitution is to restore the status quo by returning to the plaintiff funds in which he or she has an ownership interest." at 1151 (quoting MAI Sys. No. Second, Defendant contends that Plaintiff has failed to allege facts that the advertisement using "PLUS" was never honored by Ashley. In Sonner, the Ninth Circuit, relying on United States Supreme Court precedent, held that "traditional principles governing equitable remedies in federal courts, including the requisite inadequacy of legal remedies, apply when a party requests restitution under the UCL and CLRA in a diversity action." **, Descompostura de sombrillas o mecanismo de sombrillas. 2020). Instead, Plaintiff need only allege that it lost money or property as a result of the alleged misrepresentations. Ashley misleads consumers to believe they may receive both 40% off and 60 months of free interest in order create foot traffic into their stores. 24 at 27-28.). Thus, the Court DENIES Defendant's motion to dismiss the claims in the FAC for failure to comply with Rule 9(b). We'll bring your delivery inside the front door of your home. In sum, Lanham Act jurisdiction only attaches to use of a false statement in interstate commerce, or "intrastate commerce which 'affects' interstate commerce." A "vested" interest is one that is "unconditional," "absolute," and "not contingent." (Dkt. (Dkt. (Dkt. 3d 1087, 1095 (S.D. 2:18-cv-02980-CAS(SKx), 2018 WL 4378700, at *10 (C.D. Once your mismatched bedding is accepted, all sales are final. 33.) Litig., 42 F.3d 1541, 1547 (9th Cir. ** Covered after the manufacturers warranty has expired. ), Plaintiff alleges four misrepresentations in Defendant's advertisements. "In 2004 . By falsely inflating regular prices, it misrepresents discounts that do not, in fact, exist and which represent a false discount under the regulations of the Federal Trade Commission, 16 C.F.R. Edwards Lifesciences Corp. v. Meril Life Scis. Plaintiff responds that it has standing to sue under the UCL and FAL, it can plead alternative damages, and is entitled to restitution based on its allegations.

We will charge or credit you for any difference in cost between the original and the re-selected mattress and you will be responsible for the delivery cost to exchange the mattresses. Newcal Indus., Inc. v. Ikon Office Sol., 513 F.3d 1038, 1052 (9th Cir. (Id.) 1996); Stauffer v. Exley, 184 F.2d 962, 966 (9th Cir. (Id. 21-1 at 8-14.) See Factory Direct Wholesale, LLC v. iTouchless Housewares & Products, Inc., 411 F. Supp. (Dkt. No. (Id. Assembly required. No. "The phrase 'as a result of' in its plain and ordinary sense means 'caused by' and requires a showing of a causal connection or reliance on the alleged misrepresentation." The FAC alleges that the false advertisements actually deceive or have a tendency to deceive an appreciable number of relevant customers. See Kwikset Corp., 51 Cal. Suciedad general en alfombras y quemaduras en lmparas.

19.) ), Defendant only reveals the truth of the misleading advertisements after a customer has decided to purchase a product and by that point, they are reluctant to leave and start a new search. Id. Here, the FAC satisfies Rule 9(b). This service is not available for mattresses/foundations that are delivered via BOBtastic Threshold Delivery, No-Contact Delivery and FedEx. (Dkt. Based on the reasoning above, the Court GRANT in part and DENIES in part Defendant's motion to dismiss.

Plaintiff disagrees. It has built its brand and customer goodwill through "Jerry's price" which the consumers have come to recognize as a no-haggle price where the customer can expect to purchase furniture and home furnishings with confidence that the stated price reflects a fair and honest price with no hidden fees or terms. Nov. 6, 2020) ("Whatever the facts before the panel in Sonner, the Supreme Court in York did not draw any distinction among the various forms of equitable relief when requiring the absence of a 'plain, adequate, and complete remedy at law' to obtain it. A party must set forth "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation." In Allergan USA, the district court explained that consumer claims and competitor claims are fundamentally distinct and to apply the actual reliance requirement on competitors "makes little sense." 20, FAC 70- 72, 78-79.) "In sum, for a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief." In a rush?

Visible marks such as worm holes, chisel scrapes and saw grooves are a value added design to add character and a weathered look. Second, the court considers whether the plaintiff has a "vested interest in the money it seeks to recover." Here, Plaintiff alleges it lost money or property, such as lost sales and damage to its goodwill with former, existing and potential customers, caused by Defendant's alleged misleading advertisements. (Id. (Dkt. 538, 542 (N.D. Cal. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). 4th at 320, requiring a competitor to allege and then demonstrate its own reliance on a competitor defendant's fraudulent conduct, an uncommon occurrence, would render the protections afforded under the UCL and FAL to competitors meaningless. Cal. 1950) ("[a]n infringement committed in intrastate commerce but affecting interstate commerce could clearly be regulated by Congress and thus would be within the present [Lanham] Act."). Pickup at select stores and locations after your merchandise is transferred from the warehouse. It is well known in the industry that higher volumes of "foot traffic" leads to higher sales. Id. On February 17, 2021, Defendant filed the instant motion to dismiss all causes of action in the FAC which is fully briefed. 21-1 at 21-22.) (Id. (Id. The Court DENIES Defendant's motion to dismiss the three causes of action in the FAC and GRANTS Defendant's motion to dismiss the claim / / / / / / / / / / / / for restitution in the second and third causes of action. United States v. Lopez, 514 U.S. 549, 559 (1995). 21, 37.) pacifica ), Defendant is also a retail seller of furniture since 1987 but in contrast to Plaintiff's no-haggle price, its business practices include false and misleading advertising intended to deceive customers into falsely believing that it offers prices and financing that cannot be beaten by Plaintiff or other competitors. Thompson Tank & Mfg. The disclaimer that the sale in the ad cannot be combined with any other promotion or discount is on the second page of the ad and in microscopic fine print. Breakage and breakdowns of frames and mechanisms, including structural defects to metal frames, such as warping and frame breakage/cracking, and separation of frame components**.