Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C.

CourtLouisiana Court of Appeal
DecidedAugust 7, 2024
Docket24-C-218
StatusUnknown

This text of Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C. (Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C., (La. Ct. App. 2024).

Opinion

DREMA CAMBRE AND SANDTRELL NO. 24-C-218 BRODEN INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED FIFTH CIRCUIT

VERSUS COURT OF APPEAL

RIVERLANDS HOME GROUP, L.L.C. D/B/A STATE OF LOUISIANA CHATEAU ST. JAMES REHAB AND RETIREMENT AND PRIORITY MANAGEMENT GROUP, L.L.C.

ON APPLICATION FOR SUPERVISORY REVIEW FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT PARISH OF ST. JAMES, STATE OF LOUISIANA NO. 40,840 C/W 40,841, DIVISION "D" HONORABLE STEVEN C. TUREAU, JUDGE PRESIDING

August 07, 2024

SUSAN M. CHEHARDY CHIEF JUDGE

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

WRIT GRANTED, JUDGMENT REVERSED, EXCEPTIONS OF NO RIGHT AND NO CAUSE OF ACTION SUSTAINED, EXCEPTION OF IMPROPER CUMULATION DEEMED MOOT, JUDGMENT GRANTING DISCOVERY VACATED AS MOOT, CASE DISMISSED WITH PREJUDICE SMC FHW JGG COUNSEL FOR PLAINTIFF/RESPONDENT, DREMA CAMBRE AND SANDTRELL BRODEN Matthew M. Coman Jordan M. Jeansonne Stephen M. Huber Christopher T. Whelen

COUNSEL FOR DEFENDANT/RELATOR, RIVERLANDS HOME GROUP, L.L.C. D/B/A CHATEAU ST. JAMES REHAB AND RETIREMENT AND PRIORITY MANAGEMENT GROUP, L.L.C. Jimmy R. Faircloth, Jr. Barbara B. Melton Mary K. Price Ronald E. Raney CHEHARDY, C.J.

Relators/Defendants, Riverlands Home Group, L.L.C. d/b/a Chateau St.

James Rehab & Retirement and Priority Management Group, L.L.C. (collectively

“Chateau”), seek supervisory review of the trial court’s April 1, 2024 judgment (1)

overruling its peremptory exception of no right of action as to the request of

respondents/plaintiffs, Drema Cambre and Sandtrell Broden, individually and on

behalf of all others similarly situated (collectively “plaintiffs”), for injunctive relief

pursuant to La. C.C.P. art. 3601, thereby allowing plaintiffs to maintain an action

for attorney’s fees and costs; (2) overruling its peremptory exceptions of no cause

of action as to plaintiffs’ claim for monetary damages pursuant to La. C.C. arts.

2315, 1953, and 1958, and for civil contempt fines, arising from Chateau’s alleged

fraudulent misrepresentations to plaintiffs upon or before their decedent’s

admission to Chateau; and (3) overruling its exception of improper cumulation of

actions (i.e., allowing a summary proceeding (civil contempt) to be cumulated with

this ordinary proceeding). Chateau also seeks supervisory review of a separate

April 1, 2024 judgment granting plaintiffs’ motion to compel discovery, ordering

Chateau to release the names of putative class members (nursing home residents)

prior to class certification, which Chateau claims would subject them to the Health

Insurance Portability and Accountability Act (‘HIPPA”) violations.

For the following reasons, we grant Chateau’s writ application, reverse the

trial court’s April 1, 2024 judgment, sustain Chateau’s peremptory exceptions of

no right of action and no cause of action, dismissing plaintiffs’ claims against it,

with prejudice, and overrule Chateau’s dilatory exception of improper cumulation

of actions as moot by our ruling on the exception of no right of action. Further, we

reverse the trial court’s April 1, 2024 judgment, ordering Chateau to produce

discovery and present for a La. C.C.P. art. 1442 deposition, as moot.

24-C-218 1 FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Chateau St. James is a skilled nursing facility located in Lutcher, Louisiana.

Plaintiff, Drema Cambre, is the surviving child of Grace St. Pierre, and plaintiff,

Sandtrell Broden, is the surviving child of Russell Alexander, both former Chateau

residents.1 On April 25, 2022, plaintiffs, individually, and on behalf of all others

similarly situated, filed their original class action petition (“Class petition”) on

behalf of Grace St. Pierre and Russell Alexander,2 respectively, seeking monetary

damages pursuant to La. C.C. art. 2315, caused by Chateau’s breach of its duty to

provide accurate information to its residents during the admissions process, for

fraudulently misrepresenting to residents that it would meet its statutory

obligations, and for intentionally misrepresenting the quality and nature of the

services to be provided to its residents. Plaintiffs also prayed for injunctive relief

pursuant to the Nursing Home Residents’ Bill of Rights (“NHRBR”), La. R.S.

40:2010.8,3 including a claim for fines and statutory attorney’s fees, requiring

Chateau to provide adequate funding to ensure sufficient staffing so as to meet the

needs of all residents in adherence with the NHRBR and other state and federal

regulations. Plaintiffs filed a motion to certify the class action, which remains

pending.

Chateau brought exceptions of no cause of action of action, lis pendens,

prematurity, and lack of procedural capacity as to plaintiffs’ original petition,

1 The record indicates that Grace St. Pierre and Russell Alexander were discharged from Chateau (or died) prior to the filing of the present lawsuit and, therefore, are not residents as defined by the NHRBR. 2 Separately, plaintiffs and other survivors of the decedents filed petitions for personal injuries (“Personal Injury Petitions”) and medical malpractice complaints with the Louisiana Division of Administration pursuant to La. R.S. 40:1231.8 (“Malpractice Complaints”). 3 According to La. R.S. 40:2010.8, any violation of the residents’ rights set forth in La. R.S. 40:2010.6, et seq., shall constitute grounds for appropriate action by the Louisiana Department of Health and residents shall have a private right of action to enforce these rights as set forth in La. R.S. 40:2010.9. Pursuant to La. R.S. 40:2010.9, an individual claim for civil enforcement “may be brought by the resident or his curator, including a curator ad hoc.” La. R.S. 40:2010.1(6) defines resident as any person who is a resident or client of a facility.

24-C-218 2 which were overruled in their entirety by the trial court. On June 27, 2023, this

Court granted writs, in part, in favor of Chateau, finding that plaintiffs’ decedents,

and any other former residents of Chateau, do not have a right of action for

injunctive relief under the NHRBR. Cambre v. Riverlands Home Grp., L.L.C., 23-

271 (La. App. 5 Cir. 6/27/23), 2023 WL 4195827 (unpublished writ disposition).

As to Chateau’s remaining exceptions, “[i]n all other respects, on the showing

made,” including Chateau’s exception of no cause of action under La. C.C. art.

2315, this Court determined that the writ application should be denied.

Additionally, this Court allowed plaintiffs the opportunity to amend their petition.

Id. Defendants did not seek the Supreme Court’s review.

In response to this Court’s ruling, plaintiffs filed a First Amended Class

Action petition for damages and injunctive relief, revising their claim for monetary

damages pursuant to La. C.C. art. 2315 for delictual fraud, and including claims

under La. C.C. arts. 1953 and 1958 for contractual fraud (claiming the NHRBR

creates an implied obligation to Chateau’s admission agreements) caused by (1)

Chateau’s fraudulent misrepresentations made to plaintiffs’ decedents, and others

similarly situated, upon or before their admission, as to the services and care

Chateau would provide, and (2) Chateau’s failure to comply with mandatory state

and federal regulations that obligate defendants to provide sufficient staffing of

licensed nurses and nurse’s aides to the residents, which Chateau allegedly

committed at any time within the ten years prior to the inception of this action.

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Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/drema-cambre-and-sandtrell-broden-individually-and-on-behalf-of-all-others-lactapp-2024.