Shertok v. Wallace Group Gen. Dentistry For Today, Inc.

Citations

• 2020 Ohio 4369

Syllabus

CONTRACTS – FRIVOLOUS CONDUCT – PROMISSORY ESTOPPEL – R.C. 2323.51 – R.C. 4705.07: The trial court did not err by determining that plaintiff's attempt to amend his complaint to add an unauthorized-practice-of-law claim against defendant without first obtaining a finding by the Supreme Court of Ohio that defendant engaged in the unauthorized practice of law in violation of R.C. 4705.07(A)(3) constituted frivolous conduct under R.C. 2323.51(A)(2)(a)(ii) because it was not warranted under existing law, cannot be supported by a good faith argument for an extension, modification, or reversal of existing law, and cannot be supported by a good faith argument for the establishment of new law. The trial court did not err by determining that plaintiff's conduct in filing claims for breach of contract, breach of the implied covenant of good faith and fair dealing, negligent misrepresentation, and promissory estoppel did not constitute frivolous conduct under R.C. 2323.51(A)(2)(a)(ii) where, under the facts of the case, the claims could not be said to be legally groundless.