On Wednesday, February 4, 2026, Saha Realty of Elyria, LLC filed a complaint for a writ of procedendo in the Supreme Court of Ohio, seeking to compel Judge Melissa Kobasher of the Lorain County Court of Common Pleas to rule on its pending motions. The complaint alleges undue delay by Judge Kobasher in ruling on Saha Realty’s Motion for Default Judgment and unopposed Motion for Summary Judgment in a case involving a commercial real estate purchase agreement.
According to the complaint, Saha Realty entered into a Commercial Real Estate Purchase Agreement with Hassan Abouelhana on January 3, 2025, to purchase four parcels of land in Lorain County. Saha Realty was required to deposit $5,000 in earnest money, which was directly given to Abouelhana on or about December 26, 2024. Additionally, Saha Realty placed $495,980.29 in escrow to fulfill its obligations under the agreement.
The complaint states that Abouelhana failed to close the transaction, leading Saha Realty to file a complaint in the Lorain County Court of Common Pleas on April 17, 2025, alleging breach of contract and seeking specific performance. The case was assigned Case No. 25CV216107 and assigned to Judge Melissa Kobasher.
Abouelhana was served on May 6, 2025, with his answer due on June 3, 2025, but he failed to answer, seek leave, appear, defend, or respond. Saha Realty filed a Motion for Default Judgment on June 19, 2025, and served Abouelhana with the motion.
Judge Kobasher set the matter for an evidentiary hearing on September 26, 2025, giving Abouelhana 101 days to respond. The hearing was continued until October 21, 2025, granting Abouelhana an additional 25 days to file an answer or secure counsel. Subsequently, Judge Kobasher ordered Abouelhana to file a Motion for Leave to File an Answer within 14 days of the clerk entering a record of service, with Saha Realty objecting to the continuance.
Saha Realty filed a Motion for Summary Judgment on October 22, 2025. As of the filing of the writ of procedendo, neither motion had been ruled upon. Saha Realty alleges that Judge Kobasher has failed to rule on the motions despite multiple requests and assurances from court staff.
The complaint asserts that Judge Kobasher’s delay violates Ohio Supreme Court Rule 40, which requires judges to rule on motions within 120 days, and Lorain County Common Pleas Court Local Rule 9, which states that motions for summary judgment are to be submitted for ruling within 28 days of filing.
Saha Realty claims to have suffered damages as a result of the delay, including the loss of interest and use of $500,000 and the inability to develop the property. The complaint seeks an order from the Supreme Court of Ohio compelling Judge Kobasher to enter judgment on Saha Realty’s motions.
A copy of the original filing can be found here.
