Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Richard A. Oviatt
ATTORNEYS FOR APPELLEE Lisa Babish Forbes Lindsay Doss
Spillman Vorys, Sater, Seymour & Pease, L.L.P.
BEFORE: Boyle, P.J., S. Gallagher, J., and Jones, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, P.J.
Plaintiff-appellant Delores Jackson appeals the trial
court's grant of defendant-appellee PNC Bank N.A.'s
motion to dismiss for failure to state a claim. On appeal,
she raises the following for review:
1. Whether Plaintiff Jackson is contesting the validity of a
2. Whether filing a motion for leave to amend her complaint
to include a cause of action for fraud extends the statute of
limitations to four years and thereby brings Jackson within
the time constraints for filing her lawsuit.
Finding no merit to her appeal, we affirm.
Procedural History and Factual Background
On April 12, 2016, Jackson filed a complaint against PNC
seeking funds allegedly owed to her as a beneficiary of the
Malcolm Zucker trust. In her complaint, Jackson alleged that
she was a housekeeper for Zucker and his family for over 30
years and that prior to her retirement, Zucker provided her
with a single page of his trust instrument that indicated
Jackson was a beneficiary and would receive $150, 000 upon
his death. Zucker died on October 18, 2013. Jackson attempted
to contact Zucker's children after his death concerning
her interests in the trust, but received no response. Jackson
then contacted PNC, the trustee, who informed Jackson that
the trust instrument had been amended and that she was no
longer a beneficiary. Jackson asked PNC for a copy of the
amended trust instrument. PNC informed Jackson that it would
provide her an opportunity to view the instrument, but
required her to sign a confidentiality agreement beforehand.
Jackson refused to sign the agreement, and as a result, PNC
refused to give Jackson a copy of the instrument. Jackson
then filed this suit.
On May 12, 2016, PNC moved to dismiss Jackson's complaint
under Civ.R. 12(B)(6), claiming that she failed to set forth
a claim upon which relief could be granted because the
statute of limitations barred her suit. Specifically, PNC
alleged that Jackson's claim contested the validity of
the trust and that claim was not timely filed within two
years of Zucker's death.
During this time, Jackson sought a copy of the amended trust
instrument from PNC through the discovery process. In
response, PNC objected and sought a protective order,
requiring Jackson to keep the information within the trust
On November 4, 2016, Jackson moved the court for leave to
file an amended complaint pursuant to Civ.R. 15, ...