Kenneth H. Hooks, III and Lindi Hooks v. Berkshire Hathaway Automotive d/b/a Vandergriff Acura

• Court: Louisiana Court of Appeal
• Decided: May 12, 2020
• Docket: 2019CW1540
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KENNETH H. HOOKS, III AND NO. 2019 CW 154C LINDI HOOKS

VERSUS

BERKSHIRE HATHAWAY

AUTOMOTIVE D/ B/ A VANDERGRIFF MAY 12 2020 ACURA

In Re: Artex Automotive Sales II, LLC d/ b/ a Vandergriff Acura,

applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682112.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

JEW GH

McClendon, J., concurs in part and dissents in part. It is not disputed that the parties signed the Purchase Agreement dated April 13, 2019 containing the Arbitration Clause, which indicates that the parties presumptively agreed to arbitrate any disputes. Jasper Contractors, Inc. v. E- Claim. com, LLC, 2011- 0978 ( La. App. 1st Cir. 5/ 4/ 12), 94 So. 3d 123, 130 n. 7. Plaintiffs do not

challenge the arbitration clause itself; rather, the challenges

asserted by plaintiffs are directed to the contract as a whole. Such challenges to the contract as a whole must go to arbitration. Jasper Contractors, 94 So. 3d at 133 ( quoting Buckeye Check Cashing, Inc. v. Cardegna, 546 U. S. 440, 449, 126 S . Ct. 1204, 1210, 163 L. Ed. 2d 1038 ( 2006)) . It cannot be said with positive assurance

that the Arbitration Clause in this case is not susceptible of an interpretation that would cover the dispute at issue. Aguillard v. Auction Mgmt. Corp., 2004- 2804 ( La. 6/ 29/ 05), 908 So. 2d 1, 18. Accordingly, I would reverse the portion of the trial court' s

judgment dated October 31, 2019 denying the dilatory exception pleading the objection of prematurity filed by defendant, Artex Automotive Sales II, LLC d/ b/ a Vandergriff Acura, and stay the trial court proceedings pending arbitration of these matters in accordance with the terms of the Arbitration Clause contained in the Purchase Agreement signed by the parties on April 13, 2019. In all other respects, I would deny the wr--t application.

DEPUTY CL RK OF COURT FOR THE COURT