Loftin v. Champion Imports, L.L.C.

810 So. 2d 1230, 2002 La. App. LEXIS 468, 2002 WL 272298
CourtLouisiana Court of Appeal
DecidedFebruary 27, 2002
DocketNo. 35,619-CA
StatusPublished
Cited by2 cases

This text of 810 So. 2d 1230 (Loftin v. Champion Imports, 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
Loftin v. Champion Imports, L.L.C., 810 So. 2d 1230, 2002 La. App. LEXIS 468, 2002 WL 272298 (La. Ct. App. 2002).

Opinion

L CARAWAY, J.

After the death of her husband, plaintiff filed suit against the insurer, the auto dealer that allegedly issued the policy, and the finance company, for the proceeds of a credit life insurance policy in the parish of her domicile. The auto dealer and finance company filed exceptions of improper ven[1232]*1232ue which the trial court denied, and they appeal. Finding that the separate cumu-lated actions against the defendants require different venues, we reverse the trial court’s ruling and grant appellants’ exceptions.

Plaintiffs Allegations of Fact

Diane 0. Loftin (“Loftin”) and her late husband, Jerry L. Loftin, purchased a new vehicle from Champion Imports, L.L.C. (“Champion”) in Caddo Parish, in December, 1999. The Loftins financed it through Mitsubishi Motors Credit of America, Inc. (“Mitsubishi”). They allegedly signed a blank retail installment contract providing for repayment of Mitsubishi’s loan. The amount financed included a $1,725.22 premium for credit life insurance coverage through Guarantee Trust Life Insurance Company (“Guarantee”). Loftin and her husband allegedly signed a partially blank application for the insurance coverage. Champion’s employees told them that if either should die, Mitsubishi’s loan would be paid. Champion informed the Loftins that they would receive copies of both the installment contract and a certificate of insurance once completed.

Jerry Loftin died on March 27, 2000. The petition alleges that he was the family’s “main bread winner,” and that Loftin would not have had sufficient income to qualify for the vehicle’s financing without combining her husband’s income.

|2A few weeks later, Loftin requested copies of the signed paperwork which she had never received from Champion. After submitting the claim form, Guarantee informed her that no policy existed for her husband, although apparently one did exist for her.

Loftin asserts that Champion negligently failed to complete the insurance application that she and her husband signed. Her petition alleged that Champion’s employees acted as agents for Guarantee. She claims damages for mental anguish from Champion and Guarantee, and statutory penalties and attorney’s fees for Guarantee’s refusal to pay the policy proceeds.

Without the insurance coverage, Loftin alleges that she can not make monthly payments for the vehicle. Therefore, she seeks an injunction restraining Mitsubishi from enforcing its rights under the retail installment contract.

Procedural History

Guarantee answered Loftin’s petition with a general denial, without objecting to venue. Champion appeared for the sole purpose of excepting to venue, arguing that a domestic limited liability company is amenable to suit in the parish where it has its principal place of business, namely Cad-do Parish. Alternatively, any liability arising under the contracts would make venue proper in Caddo Parish.

Mitsubishi also objected to venue, arguing that a foreign corporation authorized to do business in Louisiana is amenable to suit in the parish indicated as its principal business establishment or the parish in which the alleged negligent acts or omissions occurred.

laThe trial court denied Mitsubishi’s and Champion’s exceptions to venue, finding the proper venue for all three defendants to be DeSoto Parish. It is from this judgment that Mitsubishi and Champion appeal.

Discussion

Venue means the parish where an action or proceeding may properly be brought and tried under the rules regulating the subject. La. C.C.P. art. 41. The general rules of venue enunciated in La. C.C.P. art. 42 are subject to the exceptions provided in Articles 71 through 85 and otherwise provided by law. La. C.C.P. art. 43. These exceptions have been held to be “part and parcel” of the general venue rule [1233]*1233and are no longer strictly construed. Nitro Gaming, Inc. v. D.I. Foods, Inc., 34,301 (La.App.2d Cir.11/1/00), 779 So.2d 817. If the grounds for the objection of improper venue do not appear on the face of the plaintiffs petition, the burden is on the defendant to offer evidence in support of his position. Id.

The following articles concerning venue apply in cases involving cumulation of separate actions, as addressed by La. C.C.P. art. 461, et seq. La. C.C.P. art. 463 states:

Two or more parties may be joined in the same suit, either as plaintiffs or as defendants, if:
(1) There is a community of interest between the parties joined;
(2) Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and
(3) All of the actions cumulated are mutually consistent and employ the same form of procedure.
Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same suit if pleaded in the alternative.

|4La. C.C.P. art. 464 reads, in part:

When the court lacks jurisdiction of, or when the venue is improper as to, one of the actions cumulated, that action shall be dismissed.
* * *

In this case, the defendants offered no evidence but simply challenged plaintiffs choice of venue based upon the allegations of the petition. Accepting those allegations as true, we address venue as a question of law.

The trial court viewed all of the defendants as solidary obligors and based its venue ruling on Article 76, which provides for venue in a suit for the proceeds of a life insurance policy, and the Article 73 venue provision for solidary obligors. La. C.C.P. art. 76 reads, in part:

An action on a life insurance policy may be brought in the parish where the deceased died, the parish where he was domiciled, or the parish where any beneficiary is domiciled.

La. C.C.P. art. 73(A) provides:

An action against joint or solidary obli-gors may be brought in a parish of proper venue, under Article 42 only, as to any obligor who is made a defendant provided that an action for the recovery of damages for an offense or quasi-offense against joint or solidary obligors may be brought in the parish where the plaintiff is domiciled if the parish of plaintiffs domicile would be a parish of proper venue against any defendant under either Article 76 or R.S. 13:3203.

A plaintiff defending against an exception of venue by invoking the provisions of Article 73 must allege sufficient facts to prove that the venue chosen is the proper venue for at least one of the joint or solidary obligors. Strasner v. State, 99-1099 (La.App. 1st Cir.6/23/00), 762 So.2d 1206, 1209, writ denied, 2000-2195 (La.10/27/00), 772 So.2d 125.

|sWe initially consider venue for appellants’ co-defendant, Guarantee, and agree that the plaintiffs petition, construed from its pleadings of fact, alleges a cause of action against Guarantee on the life insurance contract. The allegations state that Mr. and Mrs. Loftin both signed one application for credit life insurance, were promised a certificate of insurance, and were informed by Champion that they were covered.

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Cite This Page — Counsel Stack

Bluebook (online)
810 So. 2d 1230, 2002 La. App. LEXIS 468, 2002 WL 272298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loftin-v-champion-imports-llc-lactapp-2002.