Rascon v. Ohio Dept. of Commerce

Citations

• 2026 Ohio 276

Syllabus

CIV.R. 12(B)(6) – STATUTE OF LIMITATIONS – R.C. 2743.16: The Court of Claims of Ohio did not err in dismissing plaintiff's complaint against the Ohio Department of Commerce for negligence, breach of fiduciary duty, and conversion regarding unclaimed funds paid to a third party because it was filed more than two years after plaintiff learned that the department's unclaimed funds division paid the funds at issue to someone else. Pursuant to R.C. 2743.16(A), the statute of limitations for all civil actions against the state is two years. Plaintiff failed to meet his burden of pleading facts establishing the discovery rule or equitable tolling should have applied as an exception to the department's statute-of-limitations defense. Judgment affirmed.