Barger v. Elite Mgmt. Servs., Inc.

Citations

• 2018 Ohio 3755
• 119 N.E.3d 953

Syllabus

CIV.R. 12(B)(6) – CONTRACTS – OHIO PLANNED COMMUNITY LAW – OHIO CONSUMER SALES PRACTICES ACT – UNJUST ENRICHMENT: The trial court properly dismissed plaintiff homeowner's breach-of-contract claim under Civ.R. 12(B)6) where plaintiff's complaint did not set forth facts demonstrating that she was a party to the contract between the homeowners' association and defendant management company, or an intended beneficiary of it and even if plaintiff was an intended beneficiary, the contract did not require that a certification letter be provided to plaintiff at a reasonable cost. The trial court properly dismissed plaintiff's claim under the Ohio Planned Community Law, because that law applies only to homeowner associations and those with an ownership or possessory interest in a planned community, and defendant management company was neither. The trial court properly dismissed plaintiff's claim under the Ohio Consumer Sales Practices Act, because that act does not apply to collateral services that are solely associated with the sale of real estate. The trial court erred in dismissing plaintiff's claim for unjust enrichment where plaintiff pled sufficient facts to support it. [But see DISSENT: Plaintiff's complaint did not allege facts sufficient to support a claim for unjust enrichment.]