[Cite as Ho v. Evans, 2024-Ohio-5184.]
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
CHIA-CHI HO, : APPEAL NO. C-240063 TRIAL NO. A-2300903 Plaintiff-Appellant, :
vs. : O P I N I O N.
ROSS EVANS, et al., :
Defendants, :
and :
CARLOS CO, :
Defendant-Appellee. :
Civil Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Reversed
Date of Judgment Entry on Appeal: October 30, 2024
Chia-Chi Ho, pro se,
Finney Law Firm, LLC, and Stephen E. Imm, for Defendant-Appellee. OHIO FIRST DISTRICT COURT OF APPEALS
BERGERON, Judge.
{¶1} Today we consider a challenge to a vexatious litigator determination. Because
such a designation restricts a party’s access to the courts, the legislature has seen fit to impose
a high burden before a court classifies a litigant as vexatious under R.C. 2323.52. Here, the
proponent of the measure, defendant-appellee Carlos Co, failed to satisfy his burden or to
adduce adequate evidence of vexatious conduct. Nevertheless, the trial court deemed
plaintiff-appellant Chia-Chi Ho, Ph.D. a vexatious litigator under the statute, and she now
appeals. Having reviewed the record and the arguments advanced by the parties, we reverse.
Accordingly, we sustain Dr. Ho’s first assignment of error, which obviates the need to address
her second.
I.
{¶2} The present case is an outgrowth of a contentious divorce between Dr. Ho and
Mr. Co. The domestic relations court entered its divorce decree in 2022, which prompted a
pro se appeal by Dr. Ho. See Ho v. Co, 2023-Ohio-3698, ¶ 59 (1st Dist.) (“Ho I”). In that case,
we for the most part affirmed the trial court’s decision, but reversed the trial court’s contempt
finding against Dr. Ho. Id. However, the decision was a divided one, with Judge Kinsley
dissenting on one assignment of error. Id. at ¶ 60 (Kinsley, J., dissenting).
{¶3} The issue that split the court in 2023 involved significant payments to the
guardian ad litem (“GAL”) appointed to represent Dr. Ho and Mr. Co’s son. That issue
returned to us in 2024, in another pro se appeal by Dr. Ho. Ho v. Co, 2024-Ohio-2424, ¶ 25
(1st Dist.) (“Ho II”). In that chapter of this story, we agreed with Dr. Ho’s position, reversed
the trial court’s award of additional GAL fees, and remanded for further proceedings.
2 OHIO FIRST DISTRICT COURT OF APPEALS
{¶4} Both of those cases help form the backdrop foundation for the present appeal.
In the present action, Dr. Ho sued the GAL, Mr. Co, and others connected with her divorce
for various causes of action. In response to appropriate motions to dismiss, the trial court
dismissed the action.
{¶5} At the conclusion of the case, Mr. Co, apparently having his fill of litigation,
asked the trial court here to deem Dr. Ho a vexatious litigator under R.C. 2323.52. Painting
a picture of a campaign to weaponize the court system, Mr. Co alleged a pattern by Dr. Ho of
meritless pro se filings ultimately designed for harassment.
{¶6} To bolster the point, Mr. Co identified eleven pro se actions filed by Dr. Ho,
handing the trial court a chart of these cases. The trial court would ultimately cut and paste
that chart into its entry granting the motion to declare Dr. Ho a vexatious litigator (the court
apparently split one case into two, to end up with twelve cases). Of the twelve actions, two
were pending at the time of the trial court’s decision. In fact, one of those was Ho II that Dr.
Ho prevailed upon. The other ten included (1) three appeals that were dismissed by this Court
for jurisdictional reasons, (2) two municipal court actions where the defendant prevailed, (3)
one municipal court action that was dismissed, (4) one common pleas case that was
dismissed; and (5) three disqualification actions filed in the Ohio Supreme Court.
{¶7} Without making any explicit findings, the trial court granted the motion, and
Dr. Ho now appeals.
II.
{¶8} We consider Dr. Ho’s first assignment of error challenging the court’s
determination of her as a vexatious litigator. We generally review the grant of a vexatious
3 OHIO FIRST DISTRICT COURT OF APPEALS
litigator motion for an abuse of discretion.1 See Stephens v. Downtown Property Mgt., Inc.,
2023-Ohio-1988, ¶ 11 (1st Dist.), citing State ex rel. Newell v. Cuyahoga Cty. Court of
Common Pleas, 2021-Ohio-3662, ¶ 19. An abuse of discretion occurs when a court exercises
its judgment, in an unwarranted way, with respect to a matter over which it has discretionary
authority. Johnson v. Abdullah, 2021-Ohio-3304, ¶ 35.
{¶9} As we have previously explained, the “General Assembly provided that a two-
pronged test must be satisfied before a trial court may declare someone a vexatious litigator.”
City of Madeira v. Oppenheimer, 2021-Ohio-2958, ¶ 7 (1st Dist.). First, the statute requires
that the litigant must have “engaged in vexatious conduct in a civil action or actions.” R.C.
2323.52(A)(3). “Vexatious conduct” includes behavior of a party that (a) serves merely to
harass or maliciously injure another party to the civil action, (b) is not warranted under
existing law and cannot be supported by good faith argument for an extension modification,
or reversal of existing law, or (c) is imposed solely for delay. R.C. 2323.52(A)(2). Second, the
vexatious conduct must have been “habitual[], persistent[], and without reasonable grounds,”
keeping the focus on repeated abuses of the legal system. R.C. 2323.52(A)(3). We must
evaluate the litigant’s conduct across the entirety of the cases, considering the nature of the
actions filed. Borger v. McErlane, 2001-Ohio-4030, 11 (1st Dist.).
{¶10} Significantly, given the magnitude of the right at stake—access to the courts—
the elements of R.C. 2323.52(A)(3) must be established by clear and convincing evidence.
Oppenheimer at ¶ 8. Clear and convincing evidence, of course, requires evidence to justify
the trial court’s decision, a problem to which we will turn shortly. This Court and others have
1 Admittedly, there is some confusion on this score because the statute presupposes a “civil action” to declare someone a vexatious litigator rather than a motion. R.C. 2323.52(B). In reviewing a summary judgment decision concluding such an action, we would apply de novo review rather than an abuse of discretion. See Stephens v. Downtown Property Mgt., Inc., 2023-Ohio-1988, ¶ 13 (1st Dist.).
4 OHIO FIRST DISTRICT COURT OF APPEALS
highlighted that the vexatious litigator determination constitutes “an extraordinary remedy
that should be applied in very limited circumstances, supported by clear and convincing
evidence.” In re T.D.J., 2016-Ohio-293, ¶ 7 (8th Dist.).
{¶11} With this standard in mind, we turn to look at the evidence marshalled by Mr.
Co and find it wanting, to non-existent. In his motion to declare Dr. Ho a vexatious litigator,
he included the chart that we referenced above (which is just a summary, not evidence) and
one transcript that we will discuss below. In his reply, he attached two documents related to
Dr. Ho’s effort to disqualify the domestic relations judge, but typically a party should not
introduce new evidence in their reply filing. Other than the transcript and those two
attachments (assuming they counted), no evidence was tendered to the trial court.
{¶12} Mr. Co is quick to insist, however, that he did provide case numbers for the
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[Cite as Ho v. Evans, 2024-Ohio-5184.]
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
CHIA-CHI HO, : APPEAL NO. C-240063 TRIAL NO. A-2300903 Plaintiff-Appellant, :
vs. : O P I N I O N.
ROSS EVANS, et al., :
Defendants, :
and :
CARLOS CO, :
Defendant-Appellee. :
Civil Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Reversed
Date of Judgment Entry on Appeal: October 30, 2024
Chia-Chi Ho, pro se,
Finney Law Firm, LLC, and Stephen E. Imm, for Defendant-Appellee. OHIO FIRST DISTRICT COURT OF APPEALS
BERGERON, Judge.
{¶1} Today we consider a challenge to a vexatious litigator determination. Because
such a designation restricts a party’s access to the courts, the legislature has seen fit to impose
a high burden before a court classifies a litigant as vexatious under R.C. 2323.52. Here, the
proponent of the measure, defendant-appellee Carlos Co, failed to satisfy his burden or to
adduce adequate evidence of vexatious conduct. Nevertheless, the trial court deemed
plaintiff-appellant Chia-Chi Ho, Ph.D. a vexatious litigator under the statute, and she now
appeals. Having reviewed the record and the arguments advanced by the parties, we reverse.
Accordingly, we sustain Dr. Ho’s first assignment of error, which obviates the need to address
her second.
I.
{¶2} The present case is an outgrowth of a contentious divorce between Dr. Ho and
Mr. Co. The domestic relations court entered its divorce decree in 2022, which prompted a
pro se appeal by Dr. Ho. See Ho v. Co, 2023-Ohio-3698, ¶ 59 (1st Dist.) (“Ho I”). In that case,
we for the most part affirmed the trial court’s decision, but reversed the trial court’s contempt
finding against Dr. Ho. Id. However, the decision was a divided one, with Judge Kinsley
dissenting on one assignment of error. Id. at ¶ 60 (Kinsley, J., dissenting).
{¶3} The issue that split the court in 2023 involved significant payments to the
guardian ad litem (“GAL”) appointed to represent Dr. Ho and Mr. Co’s son. That issue
returned to us in 2024, in another pro se appeal by Dr. Ho. Ho v. Co, 2024-Ohio-2424, ¶ 25
(1st Dist.) (“Ho II”). In that chapter of this story, we agreed with Dr. Ho’s position, reversed
the trial court’s award of additional GAL fees, and remanded for further proceedings.
2 OHIO FIRST DISTRICT COURT OF APPEALS
{¶4} Both of those cases help form the backdrop foundation for the present appeal.
In the present action, Dr. Ho sued the GAL, Mr. Co, and others connected with her divorce
for various causes of action. In response to appropriate motions to dismiss, the trial court
dismissed the action.
{¶5} At the conclusion of the case, Mr. Co, apparently having his fill of litigation,
asked the trial court here to deem Dr. Ho a vexatious litigator under R.C. 2323.52. Painting
a picture of a campaign to weaponize the court system, Mr. Co alleged a pattern by Dr. Ho of
meritless pro se filings ultimately designed for harassment.
{¶6} To bolster the point, Mr. Co identified eleven pro se actions filed by Dr. Ho,
handing the trial court a chart of these cases. The trial court would ultimately cut and paste
that chart into its entry granting the motion to declare Dr. Ho a vexatious litigator (the court
apparently split one case into two, to end up with twelve cases). Of the twelve actions, two
were pending at the time of the trial court’s decision. In fact, one of those was Ho II that Dr.
Ho prevailed upon. The other ten included (1) three appeals that were dismissed by this Court
for jurisdictional reasons, (2) two municipal court actions where the defendant prevailed, (3)
one municipal court action that was dismissed, (4) one common pleas case that was
dismissed; and (5) three disqualification actions filed in the Ohio Supreme Court.
{¶7} Without making any explicit findings, the trial court granted the motion, and
Dr. Ho now appeals.
II.
{¶8} We consider Dr. Ho’s first assignment of error challenging the court’s
determination of her as a vexatious litigator. We generally review the grant of a vexatious
3 OHIO FIRST DISTRICT COURT OF APPEALS
litigator motion for an abuse of discretion.1 See Stephens v. Downtown Property Mgt., Inc.,
2023-Ohio-1988, ¶ 11 (1st Dist.), citing State ex rel. Newell v. Cuyahoga Cty. Court of
Common Pleas, 2021-Ohio-3662, ¶ 19. An abuse of discretion occurs when a court exercises
its judgment, in an unwarranted way, with respect to a matter over which it has discretionary
authority. Johnson v. Abdullah, 2021-Ohio-3304, ¶ 35.
{¶9} As we have previously explained, the “General Assembly provided that a two-
pronged test must be satisfied before a trial court may declare someone a vexatious litigator.”
City of Madeira v. Oppenheimer, 2021-Ohio-2958, ¶ 7 (1st Dist.). First, the statute requires
that the litigant must have “engaged in vexatious conduct in a civil action or actions.” R.C.
2323.52(A)(3). “Vexatious conduct” includes behavior of a party that (a) serves merely to
harass or maliciously injure another party to the civil action, (b) is not warranted under
existing law and cannot be supported by good faith argument for an extension modification,
or reversal of existing law, or (c) is imposed solely for delay. R.C. 2323.52(A)(2). Second, the
vexatious conduct must have been “habitual[], persistent[], and without reasonable grounds,”
keeping the focus on repeated abuses of the legal system. R.C. 2323.52(A)(3). We must
evaluate the litigant’s conduct across the entirety of the cases, considering the nature of the
actions filed. Borger v. McErlane, 2001-Ohio-4030, 11 (1st Dist.).
{¶10} Significantly, given the magnitude of the right at stake—access to the courts—
the elements of R.C. 2323.52(A)(3) must be established by clear and convincing evidence.
Oppenheimer at ¶ 8. Clear and convincing evidence, of course, requires evidence to justify
the trial court’s decision, a problem to which we will turn shortly. This Court and others have
1 Admittedly, there is some confusion on this score because the statute presupposes a “civil action” to declare someone a vexatious litigator rather than a motion. R.C. 2323.52(B). In reviewing a summary judgment decision concluding such an action, we would apply de novo review rather than an abuse of discretion. See Stephens v. Downtown Property Mgt., Inc., 2023-Ohio-1988, ¶ 13 (1st Dist.).
4 OHIO FIRST DISTRICT COURT OF APPEALS
highlighted that the vexatious litigator determination constitutes “an extraordinary remedy
that should be applied in very limited circumstances, supported by clear and convincing
evidence.” In re T.D.J., 2016-Ohio-293, ¶ 7 (8th Dist.).
{¶11} With this standard in mind, we turn to look at the evidence marshalled by Mr.
Co and find it wanting, to non-existent. In his motion to declare Dr. Ho a vexatious litigator,
he included the chart that we referenced above (which is just a summary, not evidence) and
one transcript that we will discuss below. In his reply, he attached two documents related to
Dr. Ho’s effort to disqualify the domestic relations judge, but typically a party should not
introduce new evidence in their reply filing. Other than the transcript and those two
attachments (assuming they counted), no evidence was tendered to the trial court.
{¶12} Mr. Co is quick to insist, however, that he did provide case numbers for the
cases on the chart, and that we could go dig up the records from those cases. While that is
true, it is not incumbent upon the trial court (or us) to wade through the records of various
cases, scouring pleadings to see if they ultimately meet the statutory standard for vexatious
conduct. It is the proponent’s burden to bring that evidence forward and show us how the
individual satisfies the standard. In some cases, a trial judge may be personally familiar with
a litigant and their proclivities, but since most of the cases identified in the chart were not
from the common pleas court, this doesn’t appear to be one of those cases (nor does the trial
court indicate such in its entry).
{¶13} To appreciate why the proponent must actually present and rely upon evidence,
rather than argument, we turn to the four cases before this Court on the chart (with which we
are most familiar). In Case No. C-230571, as mentioned above, Dr. Ho ultimately prevailed.
Ho II. Her appellate brief discussed the appropriate legal standard and advanced reasonable
5 OHIO FIRST DISTRICT COURT OF APPEALS
(and ultimately meritorious) arguments. We saw nothing in her conduct or filings that
suggested vexatiousness. In Case No. C-210583, we dismissed Dr. Ho’s appeal as premature
because the divorce decree was not yet finalized. The question of whether an order constitutes
a final appealable order is one that vexes even experienced practitioners, and our Court often
dismisses appeals when the appellant jumps the gun. See, e.g., Deer Park Roofing, Inc. v.
Oppt, 2022-Ohio-1469 (1st Dist.) (concluding that we lacked appellate jurisdiction when
appellant filed a premature appeal of an interlocutory order). In Case No. C-220435, we
dismissed Dr. Ho’s appeal of a contempt ruling because she had purged the contempt,
rendering her appeal moot. Again, it is not unusual for us to dismiss appeals on mootness
grounds. See, e.g., Andrew v. Dennis, 2022-Ohio-2567 (1st Dist.) (dismissing appeal on
mootness grounds based on subsequent action by trial court). And in Case No. C-220482, we
dismissed the appeal largely based on the pendency of Case No. C-220319, which became the
opinion in Ho I.
{¶14} Dr. Ho prevailed in part in Ho I (and part of the opinion was divided 2-1), she
prevailed in full in Ho II; and the three appeals that were dismissed do not exhibit any abuse
of the litigation system or frivolous conduct. Rather, their dismissals were based on technical
appellate standards that even seasoned lawyers can (and do) trip over. That’s not to justify
the dismissed appeals; rather, it is to set them in context and illustrate the lack of evidence or
argument advanced by Mr. Co. If these four cases demonstrate a pattern of vexatious conduct,
how? Specifically, what did Dr. Ho do in these appeals that would satisfy the statutory
standard? A mistake on finality of an order or mootness is not a red flag that normally jumps
out at us as a harbinger of frivolous conduct. It’s possible that some vexatious conduct is
6 OHIO FIRST DISTRICT COURT OF APPEALS
lurking below the surface of these cases and is not readily apparent; all the more reason why
the proponent needs to guide our inquiry.
{¶15} Reinforcing the point, in the cases where we have upheld vexatious litigator
designations, the proponents of those findings have done exactly that. See Stephens, 2023-
Ohio-1988, at ¶ 20-21 (1st Dist.) (finding six complaints barred by res judicata and the
repeated identical re-filing of already dismissed claims qualified as vexatious conduct); Uh
Oh Ohio, LLC v. Buchanan, 2024-Ohio-11, ¶ 16-18 (1st Dist.) (holding that “nuisance
settlements,” failure to prosecute claims, and claims clearly unwarranted under existing Ohio
law constituted vexatious conduct); State v. West, 2022-Ohio-2060, ¶ 32 (2d Dist.) -(finding
that filing several pro se motions and pleadings re-raising already denied claims, supported
by 111 exhibits, provided sufficient evidence of vexatious conduct).
{¶16} Just because Dr. Ho lost some, but certainly not all, of her lawsuits does not
render her a vexatious litigator. “Simply filing a losing case or appeal is not automatically
‘frivolous.’” Oppenheimer, 2021-Ohio-2958, at ¶ 15, citing State ex rel. Bunting v. Styer,
2016-Ohio-5781, ¶ 7. More is needed to meet the clear and convincing evidentiary standard.
{¶17} The one piece of evidence that Mr. Co actually tendered was the transcript of a
hearing where Dr. Ho stated: “as the court understand[s], the only way I can pay money is to
keep filing lawsuit[s]. Hopefully I don’t have to be liable.” From Mr. Co’s vantage point, that
is tantamount to a confession by Dr. Ho that she is abusing the legal system for nefarious
ends. Admittedly, just reading that language in isolation seems to support Mr. Co’s point.
But the balance of the transcript points in the other direction. The perhaps inartful response
arose in the context of Dr. Ho answering the court’s question about how she would pay her
obligations. She explained her dire financial straits, her willingness to pay certain money
7 OHIO FIRST DISTRICT COURT OF APPEALS
owed through garnishment, that she believed she had defensible legal positions, and why she
needed a continuance. When the court pressed her about whether she was just filing litigation
to forestall the financial day of reckoning, she resisted that conclusion. As we read the
transcript, we don’t see any admission that Dr. Ho knew that her actions served merely to
harass or injure, that her positions lacked a good faith basis, or that she sought solely to
impose delay, nor did the trial court make any such finding.
{¶18} As indicated above, the trial court did not make any specific findings of
particular conduct being vexatious, so we largely had to review the extant record ourselves.
Without any findings by the trial court, and without any meaningful evidence adduced by Mr.
Co, we conclude that he failed to meet his burden of providing clear and convincing evidence
of Dr. Ho’s vexatious conduct. Therefore, we sustain Dr. Ho’s first assignment of error.
* * *
{¶19} For the reasons above, on the record before us, we disagree with the trial court
that Mr. Co proved by clear and convincing evidence that Dr. Ho was a vexatious litigator.
Accordingly, we sustain Dr. Ho’s first assignment of error and reverse the trial court’s
determination of her as a vexatious litigator. Our disposition renders the second assignment
of error moot.
Judgment reversed.
ZAYAS, P.J., and KINSLEY, J., concur.
Please note:
The court has recorded its entry on the date of the release of this opinion.