Gutierrez v. Baldridge

105 So. 3d 156, 2012 WL 4794597
CourtLouisiana Court of Appeal
DecidedOctober 3, 2012
DocketNo. CA 12-138
StatusPublished
Cited by3 cases

This text of 105 So. 3d 156 (Gutierrez v. Baldridge) 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.

Bluebook
Gutierrez v. Baldridge, 105 So. 3d 156, 2012 WL 4794597 (La. Ct. App. 2012).

Opinion

PETERS, J.

| ,In these consolidated cases, David M. Baldridge appeals the trial court’s rejection of his claim against Edward D. Gutierrez for recovery of certain financial obligations associated with a partnership agreement entered into between the two individuals; A & A Construction, LLC appeals the trial court’s rejection of its monetary claim against Edward D. Gutierrez based on a real estate mortgage. For the following reasons, we affirm the trial court judgment.

DISCUSSION OF THE RECORD

Procedural History

On March 26, 2009, Edward D. Gutierrez brought a suit for damages against David M. Baldridge and his wife, Alexis R. Baldridge. In his suit, Mr. Gutierrez claimed that he and Mr. Baldridge entered into a partnership agreement on July 17, 2007, wherein they agreed to conduct business under the name of A & A Construction, LLC (A & A), a preexisting business entity wholly owned by David and Alexis Baldridge. Mr. Gutierrez asserted in his petition that through his connections and expertise, he obtained a number of contracts for the partnership which resulted in gross receipts to A & A of $5,000,000.00 and estimated profits in excess of $1,400,000.00. According to Mr. Gutierrez’s pleadings, he discovered during the partnership dissolution process that Mr. Baldridge had diverted the profits into numerous other businesses he personally owned. These included entities known as Safe House Technologies, LLC; A & A Pest Control of LA, LLC; and David M. Baldridge, Inc. Mr. Gutierrez claimed $700,000.00 as his share of the net profit of the partnership, and sought judgment against Mr. and Mrs. Baldridge for that amount.

Mr. and Mrs. Baldridge answered the petition on May 6, 2009, by acknowledging the existence of the partnership as well as the legal entities identified in the petition, [158]*158but denying that the partnership participated in any lucrative contracts or years of steady work. In addition to raising a number of affirmative defenses, Mr. hand Mrs. Baldridge asserted that the partnership relationship ceased due to Mr. Gutierrez’s failure to perform his partnership obligations and that any amounts owed to Mr. Gutierrez were offset by his financial obligations to them.

A reconventional demand, filed by Mr. Baldridge alone, accompanied the answer to Mr. Gutierrez’s petition. In his recon-ventional demand, Mr. Baldridge asserted that the partnership agreement became null and void under its terms on April 80, 2008, when Mr. Gutierrez ceased communicating with him or any representative of A & A and ceased providing services to A & A. He further asserted that on August 13, 2008, Mr. Baldridge sent Mr. Gutierrez a letter demanding payment of two separate debts:

(1) $62,324.80, being Mr. Gutierrez’s share of outstanding debts owed by the partnership to A & A.
(2) $190,000.00 owed by Mr. Gutierrez to A & A, being a loan from A & A to Mr. Gutierrez for the purchase of his personal residence at 102 Saddlewood in Lafayette, Louisiana.

In his reconventional demand, Mr. Bal-dridge sought a personal judgment for the amount associated with the partnership, but not with the real estate loan. In his answer to the reconventional demand filed on May 20, 2009, Mr. Gutierrez acknowledged that he received the demand letter, but denied the remainder of the allegations.

On May 15, 2009, or nine days after the filing of the answer and reconventional demand to Mr. Gutierrez’s petition, A & A filed a separate suit against Mr. Gutierrez captioned as a “PETITION FOR FORECLOSURE BY ORDINARY PROCESS.” In that petition, A & A asserted that it was the holder and owner of a promissory note in the original principal sum of $180,000.00 which had been executed by Mr. Gutierrez on May 19, 2008; that the promissory note was made payable on demand to the order of the bearer of the note; that it bore interest at the rate of seven percent per annum; and that it had been “paraphed Ne Varietur for identification with and secured Rby a Collateral Mortgage” executed the same date and affecting immovable property situated in Lafayette Parish, Louisiana.1 A & A attached copies of the mortgage and note to its petition, and in its prayer for relief, sought a judgment against Mr. Gutierrez for the amount due on the promissory note, including interest and attorney fees, and for recognition of the mortgage against the immovable property.

In his April 12, 2010, general denial answer to this petition, Gutierrez admitted that he had executed the collateral mortgage and note, but asserted that the indebtedness represented by the promissory note had been cancelled pursuant to a written act of release of the mortgage dated May 19, 2006, the same day as its execution.

On April 19, 2010, Mr. and Mrs. Bal-dridge filed a motion to set their matter for trial. On April 26, 2010, the trial court set the matter for trial on September 13, 2010. However, when the motion was filed, there was a pending motion filed by Mr. and Mrs. Baldridge seeking consolida[159]*159tion of both actions. On the same day the trial court set a trial date, it also granted the motion to consolidate. The trial court executed a judgment granting the consolidation of the actions on April 30, 2010.

Some of the issues raised in the pleadings were resolved after an August 30, 2010, hearing wherein the trial court dismissed all of Mr. Gutierrez’s claims against Mr. and Mrs. Baldridge. This judgment which was executed by the trial court on September 3, 2010, is not before us in this appeal.2 Thus, when the matter went to trial on September 13, 2010, the only claims before the trial court were Mr. Bal-dridge’s claim against Mr. Gutierrez for reimbursement under the partnership ^agreement and A & A’s claim against Mr. Gutierrez associated with the real estate transaction.

Mr. Gutierrez did not appear at the September 13, 2010, trial, but after hearing all of the evidence presented by Mr. Baldridge and A & A, the trial court rejected their demands. The trial court executed a judgment dismissing their claims on May 13, 2011, and denied their subsequent motions for new trial by a written judgment dated November 7, 2011. Thereafter, Mr. Baldridge and A & A timely perfected this appeal.

Evidence Presented at Trial

Mr. Gutierrez sought and was denied a continuance of the September 13, 2010, trial. Without any appearance by him or his counsel, the matter went to trial and was decided based solely on the evidence presented by Mr. Baldridge and A & A. In addition to the testimony of Mr. Bal-dridge and Rebecca K. Miller, Mr. Bal-dridge’s administrative assistant at A & A, Mr. Baldridge and A & A offered the following exhibits as evidence at trial:

1. A copy of the collateral mortgage note dated May 19, 2006.
2. A certified copy of the collateral mortgage paraphed for identification with the collateral mortgage note. '
3. A copy of the August 13, 2008 demand letter together with the attached certified mail receipt reflecting delivery to Mr. Gutierrez on August 14, 2008, and a single page attachment purporting to be a summary of assets and liabilities of the partnership as of April 30, 2008.
4. A copy of the partnership agreement dated July 17, 2007, as well as one addendum to the agreement dated the same day.

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Related

Reaux v. Moresi
120 So. 3d 959 (Louisiana Court of Appeal, 2013)
A & A Construction, LLC v. Gutierrez
105 So. 3d 169 (Louisiana Court of Appeal, 2012)

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105 So. 3d 156, 2012 WL 4794597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-baldridge-lactapp-2012.