Court of Appeals Dismisses Safeguard’s Appeal of the Denial of its Motion to Strike Class Allegations
The Ohio Fifth District Court of Appeals dismissed Safeguard Properties’ appeal of the Licking County Court of Common Pleas’ denial of its motion to strike the class allegations in the complaint filed by LeistWarner. LeistWarner filed a class action complaint seeking relief for victims of Safeguard’s alleged illegal actions, including the illegal entry into the homes of class members without the permission of class members or proper legal authority. Safeguard Properties asked the trial court to strike or remove the class allegations in the complaint. LW and their co-counsel opposed the removal of the class allegations in the complaint. In its decision, the Court of Common Pleas agreed with LW and held that the class allegations were proper. Safeguard appealed the decision of the Court of Common Pleas. LW and their co-counsel moved to dismiss the appeal. The Fifth District agreed and dismissed Safeguard’s appeal.