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Case Information
Filed
2023-09-14
Status
INACTIVE
Type
Contract Business
Docket
36 entries
Parties
Plaintiff
Mario Blue
Defendant
Crestmont Cadillac
Lawyers
Docket Entries
- COMPLAINT BREACH OF CONTRACT AND AFFIDAVIT FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).
- JUDGMENT ENTRY(52567352) SENT BY REGULAR MAIL SERVICE. TO: MARIO BLUE 4212 EAST 186TH STREET CLEVELAND, OH 44122-0000
- JUDGMENT ENTRY(52567351) SENT BY EMAIL. TO: CHRISTOPHER BATTLES [email protected]
- JUDGMENT ENTRY(52567350) SENT BY EMAIL. TO: MARK R KOBERNA [email protected]
- THIS MATTER IS BEFORE THE COURT ON DEFENDANT CRESTMONT CADILLAC CORPORATION'S MOTION TO DISMISS, FILED 11/17/2023. PLAINTIFF MARIO BLUE FILED A RESPONSE ON 11/21/2023. DEFENDANT FILED A REPLY BRIEF IN SUPPORT ON 11/28/2023. THE COURT NOTES THAT PLAINTIFF FILED TWO, OUT-OF-TURN, SUBSEQUENT RESPONSES ON 11/29/2023 AND 12/07/2023. THE COURT ALSO NOTES THAT DEFENDANT SUBMITTED A NOTICE FILING REGARDING A JOURNAL ENTRY IN ANOTHER CASE CV-23-985528. THESE FILINGS BY BOTH PARTIES WERE SUBMITTED WITHOUT LEAVE OF COURT AND ARE OUTSIDE THE SCOPE OF CIV. R. 6 BRIEFING. THE COURT DID NOT TAKE THESE SUBSEQUENT FILINGS INTO CONSIDERATION WHEN RULING ON THE MOTION. THE ONLY FILINGS THAT THE COURT TOOK INTO CONSIDERATION ARE THE ORIGINAL MOTION TO DISMISS, PLAINTIFF'S FIRST RESPONSE, AND DEFENDANT'S ORIGINAL REPLY BRIEF IN SUPPORT. HAVING CONSIDERED THE PARTIES' BRIEFS AND ARGUMENTS, AND HAVING CONSTRUED ALL FACTS AND INFERENCES IN THE LIGHT MOST FAVORABLE TO THE NON-MOVANT (HERE, PLAINTIFF), THE COURT GRANTS THE MOTION TO DISMISS. "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT." DOE V. CLEVELAND METRO. SCHOOL DIST., 2012-OHIO-2497, 972 N.E.2D 637, 20 (8TH DIST.) (QUOTING STATE EX REL. HANSON V. GUERNSEY CTY. BD. OF COMMRS., 65 OHIO ST.3D 545, 548, 1992 OHIO 73, 605 N.E.2D 378 (1992). "AS LONG AS THERE IS A SET OF FACTS, CONSISTENT WITH THE PLAINTIFF'S COMPLAINT, WHICH WOULD ALLOW THE PLAINTIFF TO RECOVER, THE COURT MAY NOT GRANT A DEFENDANT'S MOTION TO DISMISS." YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 145, 573 N.E.2D 1063 (1991). A CONTRACT IS GENERALLY DEFINED AS A PROMISE, OR A SET OF PROMISES, ACTIONABLE UPON BREACH. ESSENTIAL ELEMENTS OF A CONTRACT INCLUDE AN OFFER, ACCEPTANCE, CONTRACTUAL CAPACITY, CONSIDERATION (THE BARGAINED FOR LEGAL BENEFIT AND/OR DETRIMENT), A MANIFESTATION OF MUTUAL ASSENT AND LEGALITY OF OBJECT AND OF CONSIDERATION. KOSTELNIK V. HELPER, 96 OHIO ST.3D 1, 2002-OHIO-2985, 770 N.E.2D 58, 16. AS IT RELATES TO THE LAW OF CONTRACT FORMATION, PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT FAILS. THE MOTION TO DISMISS SHOULD BE GRANTED BECAUSE NO VALID AND/OR ENFORCEABLE CONTRACT, NEITHER EXPRESS NOR IMPLIED, NEITHER BILATERAL NOR UNILATERAL, EXISTS OR HAS EVER EXISTED BETWEEN AND AMONG THE PARTIES IN THIS CASE. SEE DEFENDANT'S MOTION TO DISMISS AT 6. ACCORDINGLY, PLAINTIFF HAS NOT AND CANNOT PLEAD ANY SET OF FACTS THAT STATE ANY COGNIZABLE CLAIM UPON WHICH RELIEF CAN BE GRANTED AGAINST DEFENDANT CRESTMONT CADILLAC. THEREFORE, AND IN SUM, DEFENDANT CRESTMONT CADILLAC'S MOTION TO DISMISS, FILED 11/17/2023, IS WELL-TAKEN AND GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. FURTHER, ON 11/14/2023, THIS COURT GRANTED PLAINTIFF'S AFFIDAVIT OF INDIGENCY AND WAIVED PRE-PAYMENT OF COURT COSTS AND FEES FOR THIS MATTER, BUT NONETHELESS RESERVED THE RIGHT TO ASSESS COSTS OR FEES AT THE CONCLUSION OF THE CASE DEPENDING ON ITS RESOLUTION. SEE ORDER. AS DEFENDANT HAS PREVAILED ON THE MERITS OF THE CASE, COURT COSTS ARE TO BE LEVIED AGAINST THE PLAINTIFF. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- PLAINTIFF OBJECTS TO DEFENDANT'S MOTION
- CMC BY PHONE HELD 12/05/2023. PLAINTIFF APPEARS PRO SE. DEFENDANT APPEARS THROUGH COUNSEL. ON ACCOUNT OF THE PENDING MOTION TO DISMISS, AND WITH NO OBJECTION FROM THE PARTIES, THE CMC IS CONTINUED AS FOLLOWS: CMC BY PHONE SET FOR 12/28/2023 AT 10:00 AM. PHONE PRE-TRIAL CONFERENCE TO BE HELD IN LIEU OF CMC. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- NOTICE FILED BY D1 CRESTMONT CADILLAC ATTORNEY MARK R KOBERNA 0038985 NOTICE REGARDING JOURNAL ENTRY IN BLUE V. GS CADILLAC LLC
- PLAINTIFF RESPONSE TO DEFENDANT'S MOTION
- REPLY BRIEF FILED BY D1 CRESTMONT CADILLAC MARK R KOBERNA 0038985 DEFENDANT CRESTMONT CADILLAC CORPORATION'S REPLY IN SUPPORT OF MOTION TO DISMISS
- PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 11/17/2023, IS DENIED. MOTION IS NOT WELL-TAKEN, AS DEFENDANT HAS FILED A PROPER RESPONSIVE PLEADING WITHIN THE ALLOTTED TIME (MOTION TO DISMISS) ON 11/17/2023, IN ACCORDANCE WITH THIS COURT'S PAST ORDERS DATED 10/18/2023 AND 10/19/2023. ACCORDINGLY, THE MOTION FOR DEFAULT JUDGMENT IS DENIED. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- PLAINTIFF RESPONSE TO DEFENDANT'S MOTION
- MOTION TO DISMISS FILED DEFENDANT CRESTMONT CADILLAC CORPORATION'S MOTION TO DISMISS 12/11/2023 - GRANTED
- P1 MARIO BLUE PLAINTIFF MOTION FOR DEFAULT JUDGMENT, FILED PRO SE 9999999 11/21/2023 - DENIED
- AFFIDAVIT OF INDIGENCY, FILED, FILED 09/14/2023, IS GRANTED. UPON THE REQUEST OF THE APPLICANT AND THE COURT'S REVIEW, THE COURT FINDS THAT THE APPLICANT IS AN INDIGENT LITIGANT UNDER R.C. 2323.311. IN ACCORDANCE AND FOR GOOD CAUSE, THE COURT HEREBY GRANTS A WAIVER OF PRE-PAYMENT OF COSTS OR FEES IN THIS MATTER. PURSUANT TO R.C. 2323.311(B)(4), THE CLERK IS HEREBY ORDERED TO WAIVE THE ADVANCE DEPOSIT OR SECURITY. THIS RULING APPLIES ONLY TO -PREPAYMENT- OF COSTS OR FEES. PLAINTIFF MAY BE ASSESSED COSTS OR FEES AT THE CONCLUSION OF THE CASE DEPENDING ON THE CASE'S RESOLUTION. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- PLAINTIFF'S MOTION TO REQUEST OF THE COURT, FILED 10/20/2023, IS DENIED. PLAINTIFF'S MOTION TO REQUEST OF THE COURT, FILED 10/19/2023, IS DENIED. CMC BY PHONE SET FOR 12/05/2023 AT 10:00 AM. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. CMC TO BE CONVERTED TO A DEFAULT HEARING SHOULD DEFENDANT NOT FILE A RESPONSIVE PLEADING BY 11/17/2023. SEE JOURNAL ENTRY DATED 10/19/2023. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- PLAINTIFF'S MOTION TO REQUEST OF THE COURT PLAINTIFF'S OBJECTS TO COURTS DENIED MOTION PRO SE (9999999) 11/08/2023 - DENIED
- PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 10/18/2023, IS DENIED SUBJECT TO RECONSIDERATION. THE MOTION IS DENIED AT THIS TIME. THE COURT WILL ONLY RECONSIDER THE MOTION IF DEFENDANT FAILS TO FILE A RESPONSIVE PLEADING BY 11/17/2023. SEE JOURNAL ENTRY DATED 10/18/2023. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- PLAINTIFF'S OBJECTS TO COURTS GRANTED MOTION, PLAINTIFF'S MOTION TO REQUEST OF THE COURT, PRO SE (9999999) 11/08/2023 - DENIED
- DEFENDANT'S MOTION FOR LEAVE TO PLEAD, FILED 10/11/2023, IS GRANTED. DEFENDANT IS GRANTED LEAVE UNTIL NO LATER THAN 11/17/2023 TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- P1 MARIO BLUE PLAINTIFF MOTION FOR DEFAULT JUDGMENT, FILED PRO SE 9999999 10/19/2023 - DENIED SUBJECT TO RECONSIDERATION
- PLAINTIFFS RESPONSE TO DEFENDANTS MOTION, FILED
- MOTION FILED FOR D1 CRESTMONT CADILLAC MARK R KOBERNA 0038985 MOTION FOR LEAVE TO PLEAD 10/18/2023 - GRANTED
- USPS RECEIPT NO. 51865382 DELIVERED BY USPS 09/20/2023 CRESTMONT CADILLAC PROCESSED BY COC 09/27/2023.
- SUMS COMPLAINT(51865382) SENT BY CERTIFIED MAIL. TO: CRESTMONT CADILLAC 26000 CHAGRIN BOULEVARD BEACHWOOD, OH 44122-0000
- WRIT FEE
- JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- LEGAL NEWS
- AFFIDAVIT OF INDIGENCY, FILED
- CASE FILED
- AFFIDAVIT OF TRUTH
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
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