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James v. My Cute Car, LLC

Court of Appeals of Ohio, Tenth District

April 6, 2017

William James, Plaintiff-Appellant,
v.
My Cute Car, LLC, Defendant-Appellee.

         APPEAL from the Franklin County M.C. No. 2015CVF-7888 Municipal Court

         On brief:

          William James, pro se.

          Michael P. Onore, for appellee.

         Argued:

          William James.

          Michael P. Onore.

          DECISION

          DORRIAN, J.

         {¶ 1} Plaintiff-appellant, William James, appeals the August 17, 2016 judgment of the Franklin County Municipal Court overruling appellant's objections to the magistrate's June 30, 2016 decision and granting judgment in favor of defendant-appellee, My Cute Car, LLC. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} On March 10, 2015, appellant filed a complaint alleging appellee committed unfair or deceptive consumer sales practices as provided in R.C. 1345.02[1] arising out of appellee's sale of a vehicle to appellant. On May 7, 2015, appellee filed its answer.

         {¶ 3} On July 31, 2015, appellant filed a motion to admit documents into evidence. On August 10, 2015, appellant filed a motion for summary judgment. On August 26, 2015, appellee filed a memorandum contra appellant's motion for summary judgment. On September 2, 2015, appellant filed a reply to appellee's memorandum contra. On September 11, 2015, the trial court denied in part appellant's motion to admit documents into evidence and denied appellant's motion for summary judgment.

         {¶ 4} On December 7, 2015, appellant filed a second motion for summary judgment. On December 11, 2015, appellee filed a motion to dismiss appellant's complaint pursuant to Civ.R. 12(B)(6). On December 15, 2015, appellee filed a memorandum in opposition to appellant's second motion for summary judgment. On December 18, 2015, appellant filed a memorandum in opposition to appellee's motion to dismiss.

         {¶ 5} On January 25, 2016, appellant filed a motion for leave to amend the complaint. On February 5, 2016, appellee filed a memorandum in opposition to appellant's motion for leave to amend the complaint. On February 12, 2016, the trial court filed a decision and entry that denied appellant's second motion for summary judgment, appellee's motion to dismiss, and appellant's motion for leave to amend the complaint.

         {¶ 6} On March 3, 2016, the trial court referred the matter to a magistrate, pursuant to Civ.R. 53, to conduct a trial. On June 30, 2016, the magistrate filed a decision recommending judgment in favor of appellee. Specifically, the magistrate found that appellant failed to establish that appellee committed an unfair or deceptive act. Additionally, the magistrate found that appellant failed to introduce evidence of any damages claimed.

         {¶ 7} On July 11, 2016, appellant filed objections to the magistrate's decision. On July 21, 2016, appellee filed a reply to appellant's objections. On August 17, 2016, the trial court filed a judgment entry overruling appellant's objections, adopting the findings of the magistrate, and entering judgment in favor of appellee.

         II. Assignments of Error

         {¶ 8} Appellant appeals and assigns the following five assignments of error for our review:

[I.] The trial court erred when it when it [sic] based its decision on facts not in evidence.
[II.] The trial court erred in favor of the defendant when it allowed the defendant to skip the filing of a pre-trial statement to go [sic] without penalties.
[III.] The trial court erred when it denied the plaintiffs one and only motion to amend the complaint to include violations of ...

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