Lukacevic v. Daniels

128 N.E.3d 845, 2019 Ohio 102
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedJanuary 10, 2019
DocketNo. 107002
StatusPublished
Cited by2 cases

This text of 128 N.E.3d 845 (Lukacevic v. Daniels) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lukacevic v. Daniels, 128 N.E.3d 845, 2019 Ohio 102 (Ohio Super. Ct. 2019).

Opinion

FRANK D. CELEBREZZE, JR., J.:

{¶1} Plaintiff-appellant, Robert Lukacevic ("appellant"), brings the instant appeal challenging the trial court's ruling on his motion for summary judgment. Specifically, appellant argues that the trial court erred by (1) denying his summary judgment motion on his claims for deed reformation and fraud and dismissing those claims, and (2) awarding him $ 5,500 on his unjust enrichment claim. Finally, appellant argues that the trial court erred by determining that his motion for sanctions, including default judgment, was moot. After a thorough review of the record and law, this court affirms in part, reverses in part, vacates the trial court's award of $ 5,500 on appellant's unjust enrichment claim, and remands the matter for further proceedings consistent with this opinion.

I. Factual and Procedural History

{¶2} The instant matter arose from a dispute between appellant and defendant-appellee, Clinton Daniels ("Daniels"), over ownership of a property located on Archwood Avenue in Cleveland, Ohio. Appellant met Daniels on July 24, 2016. Appellant was looking to purchase a home, and Daniels recommended that he consider purchasing a home at a sheriff's sale. They looked at houses together on July 30 and 31, 2016.

{¶3} The Archwood Avenue house was listed as a duplex. Appellant considered purchasing the house as an investment property, and either renting out both units, or living in one of the units and renting out the other unit. He also considered living in the whole house.

{¶4} Appellant and Daniels decided to purchase the house together. They agreed that they would split the down payment and purchase price. On August 1, 2016, appellant and Daniels attended a sheriff's sale together. Daniels was unable to contribute his half of the down payment at the sheriff's sale. He advised appellant that he would pay him back if appellant covered the down payment of $ 1,500.

{¶5} Appellant bid $ 11,000 on the Archwood Avenue house, and the bid was *848accepted. Appellant tendered the down payment of $ 1,500. Both appellant and Daniels signed the bidder's form/deed at the sheriff's sale.

{¶6} Appellant and Daniels were required to pay off the purchase price within 30 days of the sheriff's sale. Although Daniels assured appellant that he would get the money to cover his half of the purchase price, he failed to do so. Appellant tendered a second payment of $ 4,000 towards the purchase price on August 12, 2016. Appellant paid off the remaining balance of $ 5,759.77 on August 29, 2016. Daniels did not contribute any money towards the $ 11,000 purchase price - appellant paid the full amount himself.

{¶7} Although Daniels had not contributed any money towards the purchase price, appellant discovered that the deed listed both his name and Daniels's name as title owners. Appellant initially demanded that Daniels sign a quitclaim deed1 such that the property's deed would list appellant as the sole title owner. Daniels did not sign a quitclaim deed, and the property's deed still lists both appellant and Daniels as title owners.

{¶8} On September 23, 2016, appellant, acting pro se, filed a complaint against Daniels. Therein, appellant asserted a single cause of action for breach of contract. Daniels, acting pro se, filed an answer to appellant's complaint on October 14, 2016.

{¶9} On May 12, 2017, after retaining counsel, appellant filed a motion for leave to file an amended complaint and an amended complaint. In his amended complaint, appellant asserted causes of actions for reformation of deed, fraud, and unjust enrichment. On May 17, 2017, the trial court granted appellant's motion for leave to file an amended complaint. The trial court ordered Daniels to file an answer or otherwise respond to the amended complaint in accordance with Civ.R. 15.

{¶10} On June 2, 2017, Daniels filed a motion "to file an answer to amended complaint." The trial court granted Daniels's motion on June 9, 2017.

{¶11} On August 29, 2017, appellant filed a motion for judgment on the pleadings. The trial court denied appellant's motion.

{¶12} On November 13, 2017, appellant filed a motion for sanctions, including default judgment. Daniels filed a brief in opposition on November 21, 2017.

{¶13} On November 20, 2017, appellant filed a motion to deem requests for admission admitted. Appellant propounded the following requests for admissions upon Daniels:

1. Admit that you have an initial agreement with [appellant] to purchase the property at a Sheriff's sale together, with both you and [appellant] contributing equal monetary shares.
2. Admit that you have not contributed any money towards the purchase of the property.
3. Admit that you never intended to contribute any money towards the purchase of the property with [appellant].
4. Admit that, at the sheriff's sale for the property, it was not the intention of [appellant] to put your name on the deed for the property.
5. Admit that, at the sheriff's sale for the property, you knew that it was not the intention of [appellant] to put your name on the deed for the property.
6. Admit that you knew it was [appellant's] intention to only have his name *849on the deed for the property, as he was paying the entire purchase price.
7. Admit that all payments towards the purchase of the property have been made by [appellant].
8. Admit that, at the Sheriff's sale for the property, you fraudulently caused your own name to be recorded onto the deed for the property, without [appellant's] permission or knowledge.
9. Admit that you have refused to remove your name from the deed for the property after having been asked by [appellant].
10. Admit that your name is wrongfully on the deed to the property.
11. Admit that you coerced [appellant] into buying the property with his own money with the intent of defrauding him.

The trial court granted appellant's motion, which Daniels did not oppose, on November 30, 2017.

{¶14} Also, on November 20, 2017, appellant filed a motion for summary judgment. Daniels filed a motion "for answer summary judgment" on January 23, 2018. The trial court granted appellant's motion to strike Daniels's brief in opposition to summary judgment, concluding that it was not filed within the 30-day time limit set forth in Loc.R. 11 of the Court of Common Pleas of Cuyahoga County, General Division. The trial court held a hearing on appellant's motion for summary judgment on January 31, 2018. Daniels did not appear at the hearing.

{¶15} On March 2, 2018, the trial court issued a judgment entry granting appellant's motion for summary judgment in part and denying the motion in part. Specifically, the trial court granted summary judgment in appellant's favor on his unjust enrichment claim. The trial court entered judgment in favor of appellant and against Daniels in the amount of $ 5,500. The trial court denied appellant's motion for summary judgment on his claims for deed reformation and fraud. The trial court dismissed these claims.

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Cite This Page — Counsel Stack

Bluebook (online)
128 N.E.3d 845, 2019 Ohio 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lukacevic-v-daniels-ohctapp8cuyahog-2019.