Legal Opinion
Barger v. Elite Mgmt. Servs., Inc.
Ohio Court of Appeals
Decided September 19, 2018No. C-70322PublishedCited by 3 opinions
1Opinion of the Court
Miller, Judge.
{¶ 1} Nicole Barger appeals from the trial court's Civ.R. 12(B)(6) dismissal of her putative class action lawsuit against appellee Elite Management Services, Inc., ("EMS"). We affirm the dismissal of Barger's claims for breach of contract, violations of the Ohio Consumer Sales Practices Act ("OCSPA") and the Ohio Planned *956Community Law ("OPCL"), and for declaratory judgment. We reverse the dismissal of Barger's unjust enrichment claim, and remand for further proceedings.
Facts and Procedural Posture
{¶ 2} Barger owned a home in the Fairfield Ridge Subdivision. As such, she was a…
2Cases cited9 opinions
- Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
- Westfield Insurance v. GalatisOhio Supreme Court · 2003
- Perrysburg Township v. City of RossfordOhio Supreme Court · 2004
- Huff v. FirstEnergy Corp.Ohio Supreme Court · 2011
- Roxane Laboratories, Inc. v. TracyOhio Supreme Court · 1996
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3Cited by3 opinions
- Borthwick v. Dept. of Bldg. & InspectionsOhio Court of Appeals · 2022
- State ex rel. Yost v. Settlers Walk Home Owners Assn.Ohio Court of Appeals · 2022
- Barger v. Elite Mgmt. Servs., Inc.Ohio Court of Appeals · 2018