IN THE COURT OF COMMON PLEAS

FRANKLIN COUNTY, OHIO

OHIO BOARD OF MOTOR VEHICLE

REPAIR,
77 S. High St., 16th Floor
Columbus, Ohio 43215 Case No. 15CV00-9470

Plaintiff, Judge Kim J. Brown

MOTION IN LIMINE Civ. R. 7

AND MOTION TO STRIKE Civ. R. 12 (F)
v.
MEMORANDUM IN SUPPORT ATTACHED HERETO
Michael Lance Griffin et al
7805 Affinity Place
Cincinnati, Ohio 45231

Defendants.

DEFENDANTS MICHAEL LANCE GRIFFIN ET AL'S MOTION IN LIMINE and or

MOTION TO STRIKE CIV R (7) 12 (F)

Persuant to Civ. R. (7) , and Civ. R. (12) (F), Defendants Michael Lance Griffin et al

timely requests this Court to rule that Defendant Tintmasters International, LLC, is a defunct

company and therefore is not required to be a party to this case. Tintmasters International, LLC

was lawfully dissolved prior to the Plaintiffs personal service and Michael Lance Griffin was not

the Statutory Agent for Tintmasters International, LLC when the Hamilton County Sherriff’s

allegedly personally served the nonexistent Tintmasters International, LLC on November 9,

2015 and this court never had established personal jurisdiction over the Defendant Tintmasters

International, LLC prior to it becoming defunct, so Tintmasters International, LLC should be

disqualified to appear as a Defendant and should be stricken from the record as a matter of law.

Defendant Michael Lance Griffin Trust was never named in the Plaintiff’s first complaint “case

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number 13 CV 012976”, that was voluntarily dismissed even though the Plaintiff was aware of

its existence prior to its filing of a rule 41 (A) (1) (a) dismissal. Michael Lance Griffin Trust

cannot be named as a defendant in this case because the Plaintiff is collaterally estopped due to

the fact that it failed to name it as a party to its suit in 2013, and because when personal service

was allegedly given on November 9, 2015, none of the named defendants in the Plaintiff’s

instant action existed so this court did not have personal jurisdiction to grant the Plaintiff’s

amended complaint on May 2, 2016, so the Defendant Michael Lance Griffin Trust should be

stricken from the record and this court should render the Plaintiff’s amended complaint moot

and all of its exhibits attached to its amended complaint stricken because the Plaintiff lacked

personal jurisdiction to amend its complaint and all orders and judgments would be void ab

initio as a matter of law.

“As the court explained, a motion in limine (if granted) operates to avoid injecting

irrelevant or inadmissible matters into a trial by adding a procedural step by allowing

the court to consider the evidence, outside the presence of the jury, before is

offered. If the motion in limine is denied, the extra step is not added—the

proponent of the evidence may offer it at trial in the normal manner—and it is up to

the opponent to object to it then”. State v. Maurer, 473 N.E.2d 768, 787-88 (Ohio

1984)

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 MEMORANDUM IN SUPPORT

1. The Primary Defendant Michael Lance Griffin, in this case, is an agent for all of his

principals. The Plaintiff has failed to prove that an agent for his principal is required to

register as a motor vehicle repair operator and a window tint operator so all Plaintiff

affidavits, statements, and presentments that name Michael Lance Griffin as being a

motor vehicle repair operator, or a window tint operator, should be inadmissible in this

case because they conflict with the definitions in R.C. 4775.01 (D) (E), and because the

plaintiff’s omitted the definitions of motor vehicle repair operator, and window tint

operator, has prejudiced the defendant and should not be permitted in this case. 4775.01

Motor vehicle repair and window tint operator definitions. (D) "Motor vehicle collision

repair operator" means any person, sole proprietorship, foreign or domestic partnership,

limited liability corporation, or other legal entity that is not an employee or agent of a

principal and performs five or more motor vehicle collision repairs in a calendar year.

(E) "Motor vehicle window tint operator" means any person, sole proprietorship, foreign

or domestic partnership, limited liability corporation, or other legal entity that is not an

employee or agent of a principal and installs tinted glass, or transparent, nontransparent,

translucent, and reflectorized material in or on five or more motor vehicle windshields,

side windows, sidewings, and rear windows in a calendar year.

2. Tintmasters International, LLC was civilly dead prior to the perfection of service so it

should be removed from this case. It was properly dissolved in the State of Ohio on

November 2, 2015 and had no successors or assigns. This court should declare it a

stricken as a matter of law. However, prior to becoming defunct on November 2, 2015,

Tintmasters International, LLC, acted as an agent for its principal Michael Lance Griffin

Trust as evidenced on the Ohio Secretary of States web site under document number

201425801876.
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 3. Business Trusts are governed by their trust agreements and any business trust that

has complied with R.C. 1746.06 shall be allowed to transact its business affairs in

this state as long as it is not in conflict with its trust agreement. In 2014 the Plaintiff

failed to name the Michael Lance Griffin Trust as a defendant even though it knew

the business trust existed. Instead it named a nonexistent Mid City Collision and

Custom to its claim. Because the Plaintiff was aware of the Michael Lance Griffin

Trust and failed to make a claim against it in their last case, they should be estopped

from adding the trust in this action.

4. All of the statements, arguments, presentments, and briefs should not be admissible in

this case. Statements of counsel in brief or in argument are not facts before the court and

are therefore insufficient for a motion to dismiss or for summary judgment. Trinsey v.

Pagliaro, 229 F. Supp. 647 (E.D. Pa. 1964).

5. All of the affidavits that the Plaintiffs attorney filed into this case on behalf of his client

asserting the status of that client should be disapproved as it was in Porter. Porter v.

Porter, 274 N.W.2d 235 (N.D. 1979)

6. The Plaintiff filed a document entitled REPLY MEMO on August 19, 2016 that should

be stricken from the record as moot because it was unripe. On July 29, 2016 the Plaintiff

filed a Motion for Summary Judgment. The Defendants had not filed a Memorandum In

Opposition to the Plaintiffs Summary Judgment Motion which renders the Plaintiff’s

REPLY MEMO prematurely filed and unripe. This court should strike it as a nullity

because of its useless, redundant, immaterial, impertinent, or scandalous matter.

The Defendant Michael Lance Griffin requests this Court to issue an Order Persuant to Civ.

R. (7) , and Civ. R. (12) (F), that removes Defendant(s) Tintmasters International, LLC, and Michael

Lance Griffin Trust from this case, and deem all unqualified inadmissible evidence that has been

presented by the Plaintiffs attorney disapproved in all dispositive hearings, and the trials of this case,
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 and strike the Plaintiff’s REPLY MEMO that was filed on 8/19/2016.

/S/ Michael Lance Griffin

With all due Respect,

Michael Griffin Friday, August 26, 2016
7805 Affinity Place
Cincinnati, Ohio 45231
(513) 364-3772
Mikebg1693@yahoo.com

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 CERTIFICATE OF SERVICE

The undersigned certifies that a true copy of the foregoing Defendant Michael Lance Griffin's Motion in Limine was
served upon the following delivered by email, and certified mail, to Ohio Board of Motor Vehicle Repair c/o
FEDERICO G BARRERA III 0090739 Assistant Attorney General, Executive Agencies Section 30 East Broad
Street, 26th Floor Columbus, Ohio 43215-3428, rico.barrera@attorneygeneral.gov, on this 26th day of August,
2016.

/S/ Michael Lance Griffin

Michael L. Griffin
7805 Affinity Place
Cincinnati, Ohio 45231
Mikebg1693@yahoo.com
(513) 364-3772