Hull v. Clem D's Auto Sales
2012 Ohio 629
Ohio Ct. App.2012Background
- Hulls and Clem D’s Auto Sales entered March 2010 into a written purchase contract for a 2000 Pontiac Montana for $2,669.38 with a $2,000 deposit.
- Hulls were told the purchase price rose to $4,000 when they returned in March to pay the balance, and Clem D’s refused the payment.
- In June 2010 Clem D’s filed with the Ohio BMV to repossess the title and subsequently repossessed the vehicle from the Hulls’ residence.
- December 2010 Hulls filed suit in municipal court alleging breach of contract, unlawful possession, fraud, and CPSA violations, seeking damages up to $15,000 for three claims and unspecified CPSA damages plus treble damages and fees.
- Certified-mail service of process occurred December 15, 2010; Clem D’s did not answer; January 20, 2011 default judgment was entered for $15,000 and title relief; Hulls later sought title conveyance to Hulls.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether damages were properly proven for a default judgment | Hulls | Clem D’s | Default judgment reversed; damages need evidentiary hearing |
Key Cases Cited
- Am. Communications of Ohio, Inc. v. Hussein, 2011-Ohio-6766 (10th Dist. Franklin) (applies standard for damages in default judgments where outside evidence is needed)
- W2 Properties, LLC v. Haboush, 2011-Ohio-4231 (1st Dist. Hamilton) (limits on damages without hearing in default judgments)
- Qualchoice, Inc. v. Brennan, 2009-Ohio-2533 (11th Dist. Lake) (requires evidentiary hearing when damages are not clearly set in a written instrument)
- Thomason v. Hamilton, 2008-Ohio-3492 (2d Dist. Greene) (trial court may require hearing on damages for default judgments)
- Myers & Frayne Co., LPA v. Ivory, 2008-Ohio-428 (2d Dist.) (proof of damages not required for liquidated claims in default; otherwise need hearing)