Jerri Gregoire v. Central Management Company, L.L.C.

Louisiana Court of Appeal

Jerri Gregoire v. Central Management Company, L.L.C.

DecidedDecember 29, 2022

Docket2022CW1068

StatusUnknown

This text of Jerri Gregoire v. Central Management Company, L.L.C. (Jerri Gregoire v. Central Management Company, 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.

Bluebook

Jerri Gregoire v. Central Management Company, L.L.C., (La. Ct. App. 2022).

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Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

JERRI GREGOIRE NO. 2022 CW 1068 VERSUS CENTRAL MANAGEMENT COMPANY, L.L.c.

CONSOLIDATED WITH

JERRI GREGOIRE

VERSUS

BELLE MAISON NURSING & DECEMBER 29, 2022

REHABILITATION CENTER, L.L.C.

In Re: Central Management Company, L.L.C. and Belle Maison Nursing & Rehabilitation Center, L.L.C., applying for Supervisory writs, 2ilst Judicial District Court, Parish of Tangipahoa, No. 2020-0000088 c/w 2021- 0002393.

BEFORE : McDONALD, McCLENDON, AND HOLDRIDGE, JJ. WRIT DENIED.

JMM PMc

Holdridge, J., dissents and would grant the writ in part and deny the writ in part. I would grant the writ as to the exception raising the objection of prematurity. I would also grant the writ as to the partial exception of no cause of action in that the plaintiffs have no cause of action for injunctive relief under the nursing home residents bill of rights, La. R.S. 40:2010.8 (A) (7). see La. Code Civ. P. art. 1915(B). I believe the majority is in error in not allowing a partial exception of no cause of action in this case. It is true that, prior to 1997, the cases did not allow a judgment granting only a partial exception of no cause of action. see Everything on Wheels Subaru, Inc. v. Subaru South, Ine., 616 So.2d 1234 (La. 1993), However, in 1997, the legislature authorized a partial judgment that “sustains an exception in part, as to one or more but less than all of the Claims, demands, issues, or theories against a party.” La. Code Civ. P. art. 1915(B) (1). “This amendment authorizes a judgment granting a partial exception of no cause of action; importantly, this amendment provides certainty as to the immediate appealability of such a judgment.” Frank lL. Maraist, Louisiana Civil Law Treatise; Civil Procedure, Vol. I, S$ 6.7, pp. 172-173 (2d ed. 2008). Legislation is a solemn expression of legislative will. la. Civ. Code art. 2. I would deny the writ as to all other actions.

COURT OF APPEAL, FIRST CIRCUIT

AS

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

JERRI GREGOIRE NO. 2022 CW 1068 VERSUS CENTRAL MANAGEMENT COMPANY, L.L.c.

CONSOLIDATED WITH

JERRI GREGOIRE

VERSUS

BELLE MAISON NURSING & DECEMBER 29, 2022

REHABILITATION CENTER, L.L.C.

In Re: Central Management Company, L.L.C. and Belle Maison Nursing & Rehabilitation Center, L.L.C., applying for Supervisory writs, 2ilst Judicial District Court, Parish of Tangipahoa, No. 2020-0000088 c/w 2021- 0002393.

BEFORE : McDONALD, McCLENDON, AND HOLDRIDGE, JJ. WRIT DENIED.

JMM PMc

Holdridge, J., dissents and would grant the writ in part and deny the writ in part. I would grant the writ as to the exception raising the objection of prematurity. I would also grant the writ as to the partial exception of no cause of action in that the plaintiffs have no cause of action for injunctive relief under the nursing home residents bill of rights, La. R.S. 40:2010.8 (A) (7). see La. Code Civ. P. art. 1915(B). I believe the majority is in error in not allowing a partial exception of no cause of action in this case. It is true that, prior to 1997, the cases did not allow a judgment granting only a partial exception of no cause of action. see Everything on Wheels Subaru, Inc. v. Subaru South, Ine., 616 So.2d 1234 (La. 1993), However, in 1997, the legislature authorized a partial judgment that “sustains an exception in part, as to one or more but less than all of the Claims, demands, issues, or theories against a party.” La. Code Civ. P. art. 1915(B) (1). “This amendment authorizes a judgment granting a partial exception of no cause of action; importantly, this amendment provides certainty as to the immediate appealability of such a judgment.” Frank lL. Maraist, Louisiana Civil Law Treatise; Civil Procedure, Vol. I, S$ 6.7, pp. 172-173 (2d ed. 2008). Legislation is a solemn expression of legislative will. la. Civ. Code art. 2. I would deny the writ as to all other actions.

COURT OF APPEAL, FIRST CIRCUIT

AS

DEPUTY CLERK OF COURT FOR THE COURT

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Jerri Gregoire v. Central Management Company, L.L.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerri-gregoire-v-central-management-company-llc-lactapp-2022.

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