Tennant v. Huntington Natl. Bank

Citations

• 2020 Ohio 4063

Syllabus

Small claims complaint Civ.R. 12(B)(6) Civ.R. 12(C) motion to dismiss statute of limitations Electronic Funds Transfer Act 15 U.S.C. 1693m(g) time-barred Civ.R. 53 objection magistrate's decision Civ.R. 53(D)(3)(b)(iv) Civ.R. 1(C)(4) Civ.R. 8(A) R.C. 1925.16 plain error state-law claims. The trial court committed plain error when it granted appellee's motion to dismiss and found that the action was time-barred. Small-claims actions are subject to the requirements of Civ.R. 53, and although appellants did not raise a specific objection to the magistrate's decision relating to state-law claims, they established plain error occurred. Accepting the factual allegations as true and making all reasonable inferences in favor of the plaintiff, the complaint can be read to include state-law claims, which are not subject to the one-year statute of limitations under the Electronic Funds Transfer Act (\EFTA\), 15 U.S.C. 1693m(g), which was applied by the trial court in dismissing the action.