Wu v. Reproductive Gynecology, L.L.C.

Summary

The Ohio Ninth District Court of Appeals affirmed the dismissal of Alby Wu’s abuse-of-process complaint against her former employer. The court held that the complaint did not sufficiently allege that the employer perverted the underlying Franklin County litigation to accomplish an ulterior purpose, and it upheld denial of leave to amend. A dissent would have found the allegations sufficient to survive a motion to dismiss.

Holdings

1. The complaint failed to state a claim for abuse of process because it did not plead facts showing that Reproductive Gynecology perverted the Franklin County proceeding to accomplish an ulterior purpose for which that proceeding was not designed.
2. The trial court did not abuse its discretion in denying Wu's renewed motion for leave to amend her complaint after the defendant filed its motion to dismiss.

Questions Presented

1. Whether Wu's complaint adequately pleaded the elements of abuse of process so as to survive a Civ.R. 12(B)(6) motion to dismiss.
2. Whether the trial court abused its discretion by denying Wu's renewed motion for leave to amend her complaint after the defendant had filed a motion to dismiss.

Disposition

affirmed