[Cite as Baghani v. Charter One Bank F.S.B., 2009-Ohio-490.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 91373
AZAR BAGHANI
PLAINTIFF-APPELLANT
vs.
CHARTER ONE BANK F.S.B.
DEFENDANT-APPELLEE
JUDGMENT:
AFFIRMED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CV-627946
BEFORE: Gallagher, P.J., Kilbane, J., and Dyke, J.
RELEASED:
February 5, 2009
JOURNALIZED:
ATTORNEY FOR APPELLANT
Saeid B. Amini
1962 Warrensville Center Road
Cleveland, Ohio 44121
ATTORNEYS FOR APPELLEE
Michele Smolin
Karen L. Giffen
Giffen & Kaminski, LLC
1717 East Ninth Street
Suite 2100
Cleveland, Ohio 44114
N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D)
and 26(A); Loc.App.R. 22. This decision will be journalized and will become the
judgment and order of the court pursuant to App.R. 22(E) unless a motion for
reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of
the announcement of the court's decision. The time period for review by the Supreme
Court of Ohio shall begin to run upon the journalization of this court's announcement
of decision by the clerk per App.R. 22(E). See, also, S.Ct. Prac.R. II, Section 2(A)(1).
SEAN C. GALLAGHER, P.J.:
{¶ 1} Appellant, Azar Baghani, appeals the decision of the Cuyahoga County
Court of Common Pleas that granted summary judgment in favor of appellee,
Charter One Bank (“Charter One”). For the reasons stated herein, we affirm.
{¶ 2} Appellant filed this action against Charter One on June 22, 2007,
asserting claims for breach of contract, negligence, negligent and intentional
infliction of emotional distress, and fraud. Her husband, Alireza Baghani (“Mr.
Baghani”), is not a party to the action. The case stems from a 2005 home equity line
of credit and a subsequent 2006 home equity line of credit. The following facts