IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO

STATE OF OHIO ex rel. )

ATTORNEY GENERAL )
DAVE YOST ) Case No:
30 E. Broad St., 14th Floor )
Columbus, Ohio 43215 )
) Judge:
Plaintiff, )
v. )
)
CLE DOOR CO., LLC ) COMPLAINT AND REQUEST FOR
c/o United States Corporation Agents ) DECLARATORY JUDGMENT,
Inc., Registered Agent ) INJUNCTIVE RELIEF, CONSUMER
411 Wolf Ledges Parkway, Suite 201 ) RESTITUTION, CIVIL PENALTIES,
Akron, OH 44311 ) AND OTHER APPROPRIATE RELIEF
)
and )
)
JOSHUA ROBERTSON )
12075 Stormes Drive )
Parma, OH 44130 )
)
and )
)
MATTHEW PETROFF )
790 Covington Oval )
Kent, OH 44240 )
)
and )
)
THOMAS DINARDI )
18645 Detroit Avenue )
Apartment 245 )
Lakewood, OH 44107 )
)
Defendants. )
 JURISDICTION AND VENUE

1. Plaintiff, State of Ohio, by and through its counsel, the Attorney General of Ohio, Dave Yost,

having reasonable cause to believe that violations of Ohio’s consumer protection laws have

occurred, brings this action in the public interest and on behalf of the State of Ohio under the

authority vested in him by R.C. 1345.01 et seq.

2. The actions of CLE Door Co., LLC, Joshua Robertson, Matthew Petroff and Thomas DiNardi,

individually and doing business as CLE Door Co., LLC (“Defendants”), hereinafter described,

have occurred in Cuyahoga County and other counties in the State of Ohio and, as set forth

below, are in violation of the Consumer Sales Practices Act (“CSPA”), R.C. 1345.01, et seq.

and its Substantive Rules, O.A.C. 109:4-3-01 et seq., and the Home Solicitation Sales Act

(“HSSA”), R.C. 1345.21 et seq.

3. Jurisdiction over the subject matter of this action lies with this Court pursuant to R.C. 1345.04

of the CSPA.

4. This Court has venue to hear this case pursuant to Ohio Civ. R. 3(C)(1) and (3) in that

Cuyahoga County is the county where Defendants are located and conducted activity that gave

rise to the claims for relief.

DEFENDANTS

5. Defendant CLE Door Co., LLC was registered on July 15, 2015 with the Ohio Secretary of

State as an Ohio Limited Liability Company.

6. Defendant Joshua Robertson is a natural person residing at 12075 Stormes Drive, Parma,

Ohio 44130. Defendant is a co-owner of Defendant CLE Door Co., LLC.

7. Defendant Matthew Petroff is a natural person residing at 790 Covington Oval, Kent, Ohio

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 44240. Defendant is a co-owner of Defendant CLE Door Co., LLC.

8. Defendant Thomas DiNardi is a natural person residing at 18645 Detroit Avenue, Apartment

245, Lakewood, Ohio 44107. Defendant is a co-owner and chief financial officer of Defendant

CLE Door Co., LLC.

9. Defendants are “suppliers,” as that term is defined in R.C. 1345.01(C), as they engaged in the

business of effecting “consumer transactions” by soliciting consumers either directly or

indirectly for the home improvement goods and services, including garage doors, gutters and

siding, within the meaning of R.C. 1345.01(A).

10. Defendants Joshua Robertson, Matthew Petroff and Thomas DiNardi at all times pertinent

hereto controlled and directed the business activities and sales conduct of Defendant CLE Door

Co., LLC as co-owners of the business, causing, personally participating in, or ratifying the

acts and practices of Defendant CLE Door Co., LLC, including the conduct giving rise to the

violations described herein.

STATEMENT OF FACTS

11. Defendants provided home improvement goods and services to consumers, including

soliciting, selling and installing garage doors, gutters and siding.

12. Defendants’ business maintained a storage warehouse on 18524 Detroit Road, Rear,

Lakewood, OH 44107.

13. Defendants did not have a retail business establishment having a fixed permanent location

where goods are exhibited or services are offered for sale on a continuing basis.

14. Defendants advertised or promised prompt delivery of their goods and services and failed to

take reasonable action to insure prompt delivery.

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15. Defendants represented to consumers that they would provide the ordered goods and services

within an estimated time and then failed to provide such goods and services in the time

promised, if at all.

16. Defendants required consumers to make a down payment for their goods and services at the

time they entered into the sales contract.

17. After receiving a down payment, Defendants sometimes failed to deliver the product at all.

18. Defendants have refused to refund consumers’ deposits or payments despite consumers’

requests for refunds.

19. In some instances, Defendants have offered to issue a refund of consumer’s deposits and then

failed to do so.

20. Defendants failed to offer a three day right of rescission to consumers on their contracts.

PLAINTIFF’S FIRST CAUSE OF ACTION: VIOLATIONS OF THE CSPA

COUNT 1 - FAILURE TO DELIVER

21. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth

in paragraphs 1-20 of this Complaint.

22. Defendants committed unfair or deceptive acts or practices in violation of the Failure to Deliver

Rule, O.A.C. 109:4-3-09(A), and the CSPA, R.C. 1345.02(A), by accepting money from

consumers for goods and services and then permitting eight weeks to elapse without making

shipment or delivery of the goods and services ordered, making a full refund, advising the

consumers of the duration of an extended delay and offering to send a refund within two weeks

if so requested, or furnishing similar goods or services of equal or greater value as a good faith

substitute.

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 COUNT 2 – MISREPRESENTATION

23. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth

in paragraphs 1-22 of this Complaint.

24. Defendants committed unfair or deceptive acts or practices in violation of the CSPA, R.C.

1345.02(A), by misrepresenting the status of consumers’ refunds.

25. The acts or practices described above have been previously determined by Ohio courts to

violate the CSPA, R.C. 1345.01, et seq. Defendants committed said violations after such

decisions were made available for public inspection pursuant to R.C. 1345.05(A)(3).

PLAINTIFF’S SECOND CAUSE OF ACTION: VIOLATIONS OF THE HSSA

FAILURE TO OFFER THREE DAY RIGHT TO CANCEL

26. Plaintiff incorporates by reference, as if completely rewritten herein, the allegations set forth

in paragraphs 1-25 of this Complaint.

27. Defendants committed unfair or deception acts or practices in violation of the CSPA, R.C.

1345.02(A) and the HSSA, R.C. 1345.23, by failing to offer the proper notice of a consumer’s

right to cancel the home solicitation sale before three business days after the consumers signed

an agreement.

28. The acts or practices described above have been previously determined by Ohio courts to

violate the CSPA, R.C. 1345.01, et seq and the HSSA, R.C. 1345.23. Defendants committed

said violations after such decisions were made available for public inspection pursuant to R.C.

1345.05(A)(3).

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 PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:

A. ISSUE A DECLARATORY JUDGMENT that each act or practice complained of herein

violates the CSPA, R.C. 1345.01 et seq., and its Substantive Rules, O.A.C. 109:4-3-01 et seq.,

and the HSSA, R.C. 1345.21 et seq. in the manner set forth in the Complaint.

B. ISSUE A PERMANENT INJUNCTION enjoining the Defendants, their agents, employees,

successors or assigns, and all persons acting in concert and participation with them, directly or

indirectly, through any corporate device, partnership, or other association, under these or any

other names, from engaging in the acts and practices of which Plaintiff complains and from

further violating the CSPA, R.C. 1345.01 et seq., and its Substantive Rules O.A.C. 109:4-3-01

et seq., and the HSSA, R.C. 1345.21 et seq.

C. ISSUE A PERMANENT INJUNCTION enjoining Defendants from engaging in business as a

supplier in any consumer transaction in the State of Ohio until such time as they have satisfied

all monetary obligations ordered by this Court, and any other Court in Ohio in connection with

a consumer transaction.

D. ORDER Defendants, pursuant to R.C. 1345.07(B), to pay damages to all consumers injured by

the Defendants’ conduct as set forth in this Complaint.

E. ASSESS, FINE and IMPOSE upon Defendants a civil penalty of up to $25,000.00 for each

separate and appropriate violation of the CSPA described herein pursuant to R.C. 1345.07(D).

F. GRANT Plaintiff its costs incurred in bringing this action, including but not limited to, the cost

of collecting on any judgment awarded.

G. ORDER Defendants to pay all court costs associated with this matter.

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H. GRANT such other relief as the court deems to be just, equitable, and appropriate.

Respectfully submitted,

DAVE YOST
Attorney General

_____________________________
KEVIN R. WALSH (0073999)
Assistant Attorney General
Counsel for Plaintiff, State of Ohio
Consumer Protection Section
615 W. Superior Avenue, 11th Floor
Cleveland, OH 44113
216-787-3030