Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
- Motion for More Definite Statement - Sample

- Motion for More Definite Statement - Sample

Ratings: (0)|Views: 297|Likes:
Published by josh_mason_54

More info:

Published by: josh_mason_54 on Jul 17, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

03/18/2015

pdf

text

original

 
IN THE FAIRFIELD CONTY COMMON PLEAS COURTLANCASTER, OHIO
ORUM STAIR, LLC::Plaintiff: CASE NO. 13 CV 033:vs.::JUDGE MARTINPAULA E. BERRY, et al. ::Defendants:
MOTION OF DEFENDANT PAULA E. BERRY FOR A MORE DEFINITE STATEMENT
Now comes Defendant, Paula E. Berry by and through counsel,and pursuant to Ohio Rule of Civil Procedure 12(E) hereby moves thisHonorable Court to order Plaintiffs to provide a more definitestatement, as follows:
ComplaintParagraphNo.Content of More Definite Statement Needed:
9.10.16.
Identification of the specific paragraph in Exhibit “A”with the allegations contained within this paragraph.
Identification and attachment of documents showingPlaintiff did in fact list and advertise the property inaccordance with the Listing Agreement.
Identification and attachment of any writteninstruments on which this allegation is based, as perCivil Rule 10(D)(1), or explanation of its omission asrequired in Civil Rule 10(D)(1), if Plaintiffs are unableto attach same.26.
Identification and attachment of any writteninstruments on which this allegation is based, as per
1
 
ComplaintParagraphNo.Content of More Definite Statement Needed:
29.Civil Rule 10(D)(1), or explanation of its omission asrequired in Civil Rule 10(D)(1), if Plaintiffs are unableto attach same. Plaintiff claims it would have made$15,810.90 in commissions, yet claims to bedamaged in excess of $25,000.00.
Documentation of amount of time spent on theProperty, and a list of offers and potential buyers orlessees.32.5.
Identification and attachment of any writteninstruments on which this allegation is based, as perCivil Rule 10(D)(1), or explanation of its omission asrequired in Civil Rule 10(D)(1), if Plaintiffs are unableto attach same. Plaintiff claims it would have made$15,810.90 in commissions, yet claims to bedamaged in excess of $25,000.00.
Copy of the alleged notice sent to Defendant andattachment of proof of receipt by Defendant of saidnotice.6.
Identification and attachment of any writteninstruments on which this allegation is based, as perCivil Rule 10(D)(1), or explanation of its omission asrequired in Civil Rule 10(D)(1), if Plaintiffs are unableto attach same. This case involves an alleged debt stemming from an alleged USBank credit card, that Plaintiffs allege they have been assigned forvaluable consideration. However, Plaintiffs fail to attach anydocuments showing the existence of such an account at US Bank, thehistory of the account, nor any documents that show any assignment
2
 
of an account from US Bank to the Plaintiff, directly or throughintermediaries.Civ.R. 10(D) provides, in relevant part:HN5 "When any claim *** is founded on an account or otherwritten instrument, a copy thereof must be attached to the pleading. If not so attached, the reason for the omission must be stated in thepleading."[482] In Point Rental Co. v. Posani (1976), 52 Ohio App.2d 183,368 N.E.2d 1267, the Tenth District Court of Appeals stated:"The proper procedure in attacking the failure of a plaintiff toattach a copy of a written instrument or to state a valid reason for hisfailure to attach same is to serve a motion for a definite statement,pursuant to Civ. R. 12(E).Plaintiff has made allegations in its complaint based upon writteninstruments and failed to attach, or give a reason for its failure toattach the documents. As a result Defendant has properly filed itsMotion for a More Definite Statement.Plaintiff should be required to amend its complaint and rectify itspleading deficiencies or state a valid reason for the failure to attachsame within 14 days. In the event a party fails to obey the order of thecourt, the court may strike the pleading to which the motion wasdirected, or make any other orders as it deems just, which wouldinclude involuntary dismissal with prejudice pursuant to Civ.R. 41(B)
3

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->