Queen City Cleaning, L.L.C. v. I74 Wired, L.L.C.

Excerpt

CONTRACTS – DISCOVERY – MOTION TO COMPEL – CIV.R. 56 – ABUSE OF DISCRETION – SUMMARY JUDGMENT – BREACH OF CONTRACT – CONTRACT INTERPRETATION – IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING – IMPLIED-IN-FACT CONTRACT – UNJUST ENRICHMENT – FRAUD: The trial court did not abuse its direction in impliedly denying plaintiff's motion to compel discovery and plaintiff's motion for a continuance under Civ.R. 56(F) and instead ruling on defendant's dispositive motion for summary judgment where plaintiff's substantial rights were not harmed by closing discovery because plaintiff stated in its memorandum in opposition to summary judgment that it had sufficient facts to survive summary judgment. The trial court correctly granted summary judgment in favor of defendant and against plaintiff on whether defendant breached the contract by providing notice of termination because there is no genuine issue of material fact that the defendant provided to plaintiff the written notice to terminate required by the contract and there are no facts suggesting defendant breached the implied covenant of good faith and fair dealing. The trial court erred in granting summary judgment in favor of defendant and against plaintiff on whether defendant breached the contract by refusing to pay amounts owed prior to providing notice of termination where there is no genuine issue of material fact that the amounts were due for services rendered prior to defendant sending notice to terminate the contract and defendant had not paid those amounts. The trial court erred in granting summary judgment in favor of defendant and against plaintiff on whether defendant breached the contract by not paying amounts owed under the contract during the 30-day notice period where there is no genuine issue of material fact that the termination clause keeps the contract in force for 30 days after a party provides written notice to terminate, and sets the amounts owed while the contract is in force, and the plain language of