Foster v. Wells Fargo Financial Ohio, Inc.
195 Ohio App. 3d 497
| Ohio Ct. App. | 2011Background
- Foster financed a 2003 Chevrolet Malibu through Wells Fargo with a $12,019.82 principal, 17.15% APR, amortized over 60 months at $299.69/month.
- Contract language allegedly allowed default only if Foster failed to perform or Wells Fargo believed he could not pay or perform.
- Foster made timely payments through early 2006; February and April 2006 payments were $300, March 2006 evidenced by a $300 money order; car repossessed May 6, 2006 and sold at auction.
- Foster alleged misrepresentation of the car’s model year, wrongful repossession, plus defamation; he also asserted breach of contract and fraud.
- Foster filed suit March 26, 2010, Wells Fargo moved to dismiss as time-barred, and the trial court granted dismissal; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CSPA claims time-barred | Foster argued claims arose within limitations | Wells Fargo contends claims barred by CSPA statute | CSPA claims barred by statute of limitations |
| Breach-of-contract claim about model-year misrepresentation timely | Foster asserts timely breach claim | Wells Fargo argues improper accrual | Claim barred by four-year contract statute of limitations |
| Fraud claim accrual and timeliness | Foster alleges concealed misrepresentation | Statute runs from accrual; discovery rule applied | Fraud claim barred; accrual occurred by 2007 |
| Wrongful repossession breach claim timely | Repossession violated loan terms if Foster was current | Repossession timely per notice date | Accrued at May 6, 2006; timely under four-year limit |
| Defamation/credit-reporting accrual not pled | Credit reporting damage alleged | Publication date not pled; limitations unclear | Not determinable from complaint; portion sustained without prejudice |
Key Cases Cited
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (Ohio 2004) (de novo review of Civ.R. 12(B)(6); accrual principles and limitations applied)
- Johnson v. Microsoft Corp., 106 Ohio St.3d 278 (Ohio 2005) (standard for reviewing dismissal on the pleadings; accept allegations as true)
- Investors REIT One v. Jacobs, 46 Ohio St.3d 176 (Ohio 1989) (fraud accrues when plaintiff discovers or should have discovered the fraud)
- Lewis v. Delaware Cty. Joint Vocational School Dist., 161 Ohio App.3d 71 (Ohio App. 2005) (defamation accrual; publication date determines timeliness)
- Chambers v. Merrell-Dow Pharmaceuticals, 35 Ohio St.3d 123 (Ohio 1988) (constitutional right to access courts tempered by statutes of limitations)