Ridge-Pleasant Valley, Inc. v. Navin

[Cite as Ridge-Pleasant Valley, Inc. v. Navin, 2022-Ohio-130.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
RIDGE-PLEASANT VALLEY INC., :
Plaintiff-Appellee, :
No. 109777
v. :
HENRY NAVIN, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: January 20, 2022
Civil Appeal from the Cuyahoga County Court of Common Pleas
Case No. CV-19-924790
Appearances:
Gregory Ferrell, for appellee.
Henry Navin, pro se.
ANITA LASTER MAYS, J.:
On October 25, 2018, defendant-appellant Henry Navin (“Navin”)
was hospitalized at University Hospitals as the result of an assault. A week later,
Navin was transferred to plaintiff-appellee Ridge-Pleasant Valley Inc. d.b.a.
Pleasantview Care Center (“Ridge”) for nursing home services. Navin remained at
Ridge from October 25, 2018, until July 14, 2019, when he was discharged for
nonpayment.
On November 8, 2019, Ridge filed a complaint charging breach of
statement of account, breach of implied contract, and unjust enrichment. The trial
court struck several of Navin’s filings from the record for failure to comply with the
Ohio Rules of Civil Procedure and ultimately granted summary judgment for Ridge
for $18,270 plus interest at 5 percent per annum. Navin appeals.
We affirm the judgment of the trial court.
I. Assignments of Error
Navin presents five assignments of error:
I. The court below erred by dismissing appellant’s motion to
dismiss, and appellant’s motion for a change of venue, by failing
to apply the proper standard to appellant’s pro se pleadings.
II. Despite appellant citing the precise state and federal statutes
violated by appellee, the court below erred by dismissing
appellant’s counterclaim.
III. The court below erred by failing to recognize that appellee is
merely a stooge for unnamed parties and, as a consequence, the
court below was not the proper forum.
IV. Although the court below should have been impartial, because
of a substantial and unacceptable relationship to at least one
unnamed party, the court below erred by failing to recuse.
V. The court below erred by depriving appellant of his right to be
heard, his right to confront his accuser in open court, and his
right to trial before being made homeless during a pandemic.
II. Discussion
A. Improper dismissal and stricken pleadings
We combine the first and second assigned errors for analysis. Navin
argues that the trial court’s rejection of Navin’s motions to dismiss and for change
of venue, answer, and counterclaim was improper because the filings were rule-
compliant and that pro se submissions are to be construed liberally and are subject
to less stringent standards.
If a court can reasonably read pro se submissions, it should do so
despite a failure to cite proper legal authority, confusion of legal
theories, poor syntax and sentence construction, and pro se litigant’s
unfamiliarity with rule requirements. Boaq v. MacDougall, 454 U.S.
364, 102 S.Ct. 700, 70 L.Ed.2d 551 (1982); Estelle v. Gamble, 429 U.S.
97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (quoting Conley v.
Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957));
Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).
Appellant’s brief, p. 11.
In fact, “‘pro se civil litigants are bound by the same rules and
procedures as those litigants who retain counsel.’” Heller v. Ohio Dept. of Jobs &
Family Servs., 8th Dist. Cuyahoga No. 92965, 2010-Ohio-517, ¶ 18, quoting
Meyers v. First Natl. Bank of Cincinnati, 3 Ohio App.3d 209, 210, 444 N.E.2d 412(1st Dist.1981). “‘They are not to be accorded greater rights and must accept the
results of their own mistakes and errors.’” Id.On November 8, 2019, Ridge filed suit against Navin for breach of
statement of account, breach of implied contract, and unjust enrichment. Attached
to the complaint is an August 1, 2019 statement that reflects a $22,080 balance
brought forward; room and board charges for July 1 through July 5, 2019, for
$1,200; room and board charges for July 1, through July 31, 2019, a credit amount
of $7,440; and room and board charges for July 6 through July 14, 2019, for $2,160.
The balance due is listed as $18,000. The second attachment is a statement also
dated August 1, 2019. The statement shows the $18,000 balance brought forward,
“July 31, 2019 interest” for “one unit” at a “unit amount of $270.” The statements
are addressed to Navin in care of a post office box because Navin is and was prior to
and during the relevant time period without a permanent residence.
On December 23, 2019, Navin timely moved to dismiss the complaint,
for a change of venue and filed a counterclaim. Navin argued that the statements
attached to the complaint fail to comply with R.C. 3721.13 known as the Nursing
Home Bill of Rights and did not contain an itemized running balance statement of
account.
The motions and counterclaim are primarily in the form of a narrative
of events and complaints about specific employees, patients who are identified by
name, and living conditions that includes intermittent references to portions of the
Nursing Home Bill of Rights. Navin interjects comments and information that is
not legally or factually relevant and does not comply with the civil rules. Navin’s
request for a change of venue stems from a wrongful discharge by a former major
local employer that Navin asserts has caused him to be “blackballed” in Cleveland.
Thus, Navin offered that he would not receive a fair trial. Navin further expressed
concern that while his social security income was generally exempt from creditor
claims, Ridge seeks to recover against his social security proceeds, Navin’s sole
source of income.
The motions to dismiss for change of venue and counterclaim “are all
plead[ed] in the alternative pursuant to Civ.R. 8(A).” The counterclaim is for an
amount in excess of $25,000. A list of authorities is included in the document citing
provisions of the Ohio Revised Code, Ohio Administrative Code, Ohio Rules of Civil
Procedure, and United States Code purportedly pursuant to Loc.R. 11(H).
On December 26, 2019, the trial court issued an entry finding that
Navin failed to answer by December 12, 2019, and granted an extension to
January 13, 2020. In a separate entry, the trial court determined that Navin’s
motions to dismiss and for change of venue were “stricken as no reasonable legal
argument has been plead[ed].” Journal entry No. 111818223 (Dec. 26, 2019).
“Should defendant wish to refile the motion, civil rules and rules of proper legal
pleading are to be followed.” Id. Navin did not refile.
On December 31, 2019, Ridge moved to dismiss Navin’s counterclaim
for failure to state a claim pursuant to Civ.R. 12(B)(6) or, alternatively, for a more
definite statement under Civ.R. 12(E). Ridge argued that Navin’s counterclaim was
a “stream-of-consciousness narrative rife with irrelevant and incoherent
allegations,” though Ridge recognized that the narrative alleged violations of the
Nursing Home Resident’s Bill of Rights. Ridge also argued that Navin failed to set
forth cognizable claims, the assertions were vague and ambiguous, and did not
provide sufficient notice to allow Ridge to respond to the claims.
On January 13, 2020, prior to the January 17, 2020 response
deadline, Navin filed a short brief opposing the motion to dismiss counterclaim.
This filing also includes liberal, nonlegal prose. Navin argued that the cases cited by
Ridge were not controlling, rejected Ridge’s argument that Civ.R. 8(E)(1) limited the
number of words allowed in the pleading, and stated that his counterclaim rested on
Civ.R. 8(E)(2). Civ.R. 8(E) provides in part that “[n]o technical forms of pleading
or motions are required” and “[a] party may also state as many separate claims or
defenses as he has regardless of consistency and whether based on legal or equitable
grounds.” Finally, Navin summarized the previously filed counterclaim complaints
and requested a hearing.
At the January 15, 2020 pretrial and case management hearing, Ridge
moved for a default judgment. The trial court granted an extension to January 31,
2020, for Navin to file a rule-compliant answer. On January 29, 2020, the trial court
granted Ridge’s motion to dismiss the counterclaim. “Defendant’s counterclaim [is]
dismissed with prejudice for failure to state a claim pursuant to Civ.R. 58(B).”
Journal entry No. 112234776 (Jan. 29, 2020).
On January 31, 2020, Navin timely filed an answer that generally
denies the allegations of the complaint. Similar to the previous filings, the pleading
is in an unnumbered narrative form that includes extraneous statements that are
not directly responsive to the complaint and contains statutes that Navin alleges
Ridge has violated. The February 4, 2020 judgment entry of the trial court provides
that the answer “is stricken from the docket and the clerk is ordered to seal this
improper pleading.” Journal entry No. 112327247 (Feb. 4, 2020). “Defendant is
advised that he is required to abide by the rules of court and the Rules of Civil
Procedure.” Id.Also on February 4, 2020, the trial court issued a nunc pro tunc for
the January 29, 2020 entry:
The court grants plaintiff’s motion to dismiss defendant’s
counterclaim.
Defendant Navin’s opposition was due on or before January 17, 2020,
and defendant failed to file an opposition.
Plaintiff’s motion to dismiss defendant Navin’s counterclaim against
plaintiff is unopposed and granted. Defendant’s counterclaim
dismissed with prejudice for failure to state a claim.
Plaintiff’s claims remain pending with the court.
Journal entry No. 112327491 (Feb. 2, 2020).
Navin failed to comply with the Rules of Civil Procedure. Civ.R. 12(F)
allows a court to sua sponte or upon motion of a party strike “from any pleading any
insufficient claim or defense, or redundant, immaterial, impertinent, or scandalous
matters.” Kohls v. New Lexington City Council, 5th Dist. Perry No. 03-CA-01, 2003-
Ohio-3461, ¶ 9. Navin was properly provided notice and opportunity to amend the
stricken filings but did not do so. Thus, we cannot say the trial court abused its
discretion. Navin “cannot now contend that the trial court erred, when he did not
avail himself of the procedures designed to afford him due process of law.” Std. Oil
Co. v. Bloom, 8th Dist. Cuyahoga No. 42005, 1980 Ohio App. LEXIS 10406, at 5
(Oct. 30, 1980).
The first and second assigned errors are overruled.
B. Grant of Summary Judgment
We construe the fifth assigned error as a challenge to the trial court’s
grant of summary judgment. We affirm.
Our standard of review for summary judgment appeals is de novo:
We review the trial court’s decision on summary judgment de novo.
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105, 671 N.E.2d 241(1996). In so doing, we use the same standard as the trial court.
Lorain Natl. Bank v. Saratoga Apts., 61 Ohio App.3d 127, 129, 572
N.E.2d 198 (9th Dist.1989). The party moving for summary judgment
bears the initial burden of apprising the trial court of the basis of its
motion and identifying those portions of the record which
demonstrate the absence of a genuine issue of fact on an essential
element of the nonmoving party’s claim. Dresher v. Burt, 75 Ohio
St.3d 280, 293, 662 N.E.2d 264 (1996). Once the moving party meets
its burden, the burden shifts to the nonmoving party to set forth
specific facts demonstrating a genuine issue of material fact exists. Id.To satisfy this burden, the nonmoving party must submit evidentiary
materials showing a genuine dispute over material facts. PNC Bank,
N.A. v. Bhandari, 6th Dist. Lucas No. L-12-1335, 2013-Ohio-2477, ¶ 9.
Lillie & Holderman v. Dimora, 8th Dist. Cuyahoga No. 100989, 2015-Ohio-301, ¶ 9.
The following elements must be established to grant summary
judgment:
The motion for summary judgment may only be granted when the
following are established: (1) that there is no genuine issue as to any
material fact; (2) that the moving party is entitled to judgment as a
matter of law; and (3) that reasonable minds can come to but one
conclusion, and that conclusion is adverse to the party against whom
the motion for summary judgment is made, who is entitled to have the
evidence construed most strongly in its favor. Harless v. Willis Day
Warehousing Co., 54 Ohio St.2d 64, 67, 375 N.E.2d 46 (1978);
Civ.R. 56(C).
Id.As the reviewing court, we evaluate the record in a light most
favorable to the nonmoving party. Saunders v. McFaul, 71 Ohio App.3d 46, 50, 593
N.E.2d 24 (8th Dist.1990). Any “doubts must be resolved in favor of the nonmoving
party.” Murphy v. Reynoldsburg, 65 Ohio St.3d 356, 358-359, 604 N.E.2d 138(1992).
On March 26, 2020, Ridge filed for summary judgment that was
timely opposed by Navin. Attached to Ridge’s motion is an affidavit of account by a
Ridge employee, a copy of the admissions agreement purportedly signed by Navin,
and attached detailed statements of account.1 The statements reference “units” that
appear to equate to room rental dates. The monthly statements list the unit charge
per day and at some points contain credits for Medicare A Coinsurance.2
As of June 1, 2019, the account has a zero balance and contains
charges for May 31, 2019, through June 30, 2019, for a total of $14,640. The July 1,
1Breach of contract is not claimed in the complaint. Navin denies that he signed
the contract and voices concern that the contract provides a patient will use all financial
means including social security income to satisfy debts due under the agreement.
2 A claimant must present evidence of an account that contains the account
holder’s name and:
(1) a beginning balance (zero, a sum that can qualify as an account stated,
or some other provable sum); (2) items representing charges, or debits and
credits; and (3) summarization by means of a running or developing balance
or an arrangement permitting the calculation of the balance due.
Discover Bank v. Paoletta, 8th Dist. Cuyahoga No. 95223, 2010-Ohio-6031, ¶ 10, citing
Brown v. Columbus Stamping & Mfg. Co., 9 Ohio App.2d 123, 223 N.E.2d 373 (10th Dist.
1967).
2019 statement adds charges for the month of July of $7,440 for a total balance of
$22,080.
Navin was discharged on July 14, 2019. There are two statements
dated August 1, 2019. The $7,440 previously invoiced for the month of July is
deducted from the $22,080 starting balance and $3,360 is added for 4 units at $240
with a balance due of $18,000. The second August 1, 2019 invoice lists interest of
$270, resulting in a final total of $18,270.
Navin’s opposition to summary judgment is substantively similar to
the dismissed counterclaim contents. Navin recounts his experiences at the nursing
home and the activities of various individuals that negatively impacted his stay and
constituted violations of the Nursing Home Rights Act. There is also extraneous
information that is not pertinent to resolution of the issues.
Navin did not provide an affidavit though he did attach copies of
Medicare claim payments for the periods October 25, 2018, to October 31, 2018, in
the amount of $3,925.15 and November 1, 2018, to November 21, 2018, for
$10,426.26. Navin stated the “dollar amounts of these [n]otices do not match” the
statements filed by Ridge, the February 2019 statement was not submitted, and all
statements fail to identify the payment source.
Where “the moving party has satisfied its initial burden, the
nonmoving party then has a reciprocal burden outlined in Civ.R. 56(E) to set forth
specific facts showing that there is a genuine issue for trial.” Dresher v. Burt, 75
Ohio St.3d 280, 293, 662 N.E.2d 264.
Pursuant to Civ.R. 56(E):
When a motion for summary judgment is made and supported as
provided in this rule, an adverse party may not rest upon the mere
allegations or denials of his pleadings, but his response, by affidavit or
as otherwise provided in this rule, must set forth specific facts
showing that there is a genuine issue for trial. If he does not so
respond, summary judgment, if appropriate, shall be entered against
him.
Viewed in a light most favorable to Navin, we do not find that Navin
has established that a genuine issue of material fact exists in this case. Navin has
not demonstrated that he does not owe the debt alleged.
The fifth assignment of error is overruled.
C. Remaining Errors
Our disposition of assigned errors one, two, and five renders the
remaining assigned errors moot. App.R. 12(A)(1)(c).
III. Conclusion
The trial court’s judgment is affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment
into execution.
A certified copy of this entry shall constitute the mandate pursuant to
Rule 27 of the Rules of Appellate Procedure.
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ANITA LASTER MAYS, JUDGE
MARY J. BOYLE, P.J., and
EILEEN T. GALLAGHER, J., CONCUR