Elder v. Fischer

Painter, Judge.

We are first asked to determine whether the Ohio Consumer Sales Practices Act (the “CSPA”) applies to the billing practices of a residential-care facility. We hold that it does. Second, we are asked to determine whether the trial court abused its discretion in denying leave to amend a complaint to assert claims of additional resident-rights violations, breach of contract, fraud, conversion, and breach of fiduciary duty. We hold that it did.

I. Procedural Posture

In their first amended complaint, appellants John Elder, Sandra McCall, and Theodore Anderson named, as defendants,…