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Cord v. Victory Solutions, L.L.C.

Court of Appeals of Ohio, Eighth District, Cuyahoga

February 15, 2018

EDITH M. CORD PLAINTIFF-APPELLANT
v.
VICTORY SOLUTIONS, L.L.C., ET AL. DEFENDANTS-APPELLEES

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-16-871054

          ATTORNEYS FOR APPELLANT Mark R. Jacobs Shipra Kumar Matasar Jacobs, L.L.C.

          FOR APPELLEES For Shannon Burns Shannon Burns, pro se

          For Victory Solutions, L.L.C. Victory Solutions, L.L.C.

          BEFORE: Boyle, J., McCormack, P.J., and S. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, J.

         {¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1.

         {¶2} Plaintiff-appellant, Edith M. Cord, appeals the trial court's order dismissing her fraud claim against defendant-appellee, Shannon Burns. On appeal, she raises one assignment of error for our review:

         The trial court erred when it dismissed Appellant Edith Cord's fraud claim.

         {¶3} Finding no merit to her assignment of error, we affirm.

         I. Procedural History and Factual Background

         {¶4} In 2009, Cord's son asked her to provide financial assistance to Victory Solutions, L.L.C., which he co-founded with Burns. Cord agreed, and on February 13, 2009, Cord and Burns, as the chief executive officer of Victory Solutions, L.L.C., executed a promissory note under which Cord agreed to lend $15, 000 to the corporation. In 2012, Cord's son passed away after being diagnosed with brain cancer, leaving the management of Victory Solutions, L.L.C. solely to Burns.

         {¶5} On October 27, 2016, after not receiving any form of repayment from Victory Solutions for approximately eight years, Cord filed a complaint against the corporation and Burns. She alleged three causes of action, including breach of contract, promissory estoppel (as an alternative cause of action), and fraud. Cord's actions for breach of contract and promissory estoppel were based on Victory Solutions's alleged failure to pay the principal and interest owed to Cord under the promissory note. Cord's fraud claim was based on alleged misrepresentations by Burns made after the promissory note's execution concerning the corporation's ability to pay.

         {¶6} On December 20, 2016, Cord moved for default judgment after Victory Solutions and Burns failed to respond to her complaint. The trial court, however, granted Victory ...


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