Citibank, N.A. v. Katz
2013 Ohio 1041
Ohio Ct. App.2013Background
- Citibank, N.A. sues Herbert Katz in Shaker Heights Muni Court for $9,057.80 on a Citibank credit card.
- Katz, pro se, answers and counterclaims for breach of contract and conspiracy to defraud.
- Case is transferred to the Cuyahoga County Court of Common Pleas due to jurisdiction.
- Citibank moves for summary judgment with a servicing-affiliate affidavit and billing statements; Katz opposes with his own affidavit.
- Trial court grants summary judgment for Citibank against Katz on the account and against Katz on counterclaims, awarding $9,057.80 plus interest.
- Katz appeals alleging no genuine issues of material fact and improper withdrawal of counsel; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are genuine issues of material fact precluding summary judgment on the account | Citibank established an account and balance via affidavit and statements | Katz argues ambiguity in terms and genuine disputes from his affidavit | No genuine issues; summary judgment affirmed for Citibank on the account |
| Whether the trial court abused its discretion by allowing counsel to withdraw | Citibank argues withdrawal was proper and orderly | Katz contends Rule 10(B) and ethics rules were not followed | No abuse of discretion; withdrawal properly permitted and no prejudice to Katz |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio Supreme Court 1996) (establishes Dresher burden for summary judgment)
- Gabriele v. Reagan, 57 Ohio App.3d 84 (Ohio App.3d 1988) (account stated defined; standards for proving underlying balance)
- Ogunduyile v. Citibank (S.D.), Citibank (S.D.), N.A. v. Ogunduyile, 2007-Ohio-5166 (Ohio App. 2d Dist. 2007) (prima facie case for money owed on an account)
- Discover Bank c/o DFS Servs., LLC v. Lammers, 2010-Ohio-6031 (Ohio App.2d Dist. 2010) (cases applying account-stated and summary-judgment standards)
- Discover Bank v. Paoletta, 2010-Ohio-6031 (Ohio App.8th Dist. 2010) (summary judgment where no genuine issues based on pleadings)
- Bennett v. Bennett, 86 Ohio App.3d 343 (Ohio App.3d 1993) (local rule withdrawal discretion; due process considerations)