Lusich v. Capital One, ACP, LLC

198 So. 3d 1272, 2016 La.App. 4 Cir. 0052, 2016 La. App. LEXIS 1607
CourtLouisiana Court of Appeal
DecidedAugust 31, 2016
DocketNo. 2016-CA-0052
StatusPublished
Cited by3 cases

This text of 198 So. 3d 1272 (Lusich v. Capital One, ACP, LLC) 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
Lusich v. Capital One, ACP, LLC, 198 So. 3d 1272, 2016 La.App. 4 Cir. 0052, 2016 La. App. LEXIS 1607 (La. Ct. App. 2016).

Opinion

h Plaintiff, Gina K. ;Lusich, appeals the trial court’s June 26, 2015 judgment sustaining the exception of no cause of action filed by defendants, Capital One ACP, LLC and Cindy Martin, and dismissing plaintiffs claims against defendants. For reasons that follow, we affirm.

This lawsuit stems from the June 22, 2013 termination of plaintiffs employment as a branch manager at Capital One Bank in St. Bernard Parish. Defendants in this [1274]*1274case are plaintiffs former employer, Capital. One, and her former supervisor at the bank, Cindy Martin. Plaintiff claims that she is entitled to damages from defendants for -wrongful termination, defamation and tortious conversion of property. Plaintiff contends that.she was an excellent employee throughout her employment with Capital One, and was terminated from her employment as a result of being falsely accused of instructing other employees to falsify time cards. Additionally, plaintiff claims that her former employer confiscated allegedly personal property from her that she kept in her desk at the bank.

lain plaintiffs original petition for damages, she asserted her wrongful termination and defamation claims. Defendants filed an exception of no cause of action in response to that petition. The trial court denied the exception, and allowed plaintiff the opportunity to amend her petition, citing La. C.C.P. art. 934.1 In her first amended petition, plaintiff amended her allegations regarding her claims for wrongful termination and defamation. Plaintiff subsequently filed a second amended petition, which incorporated all allegations of her original and first amended petitions, and -added a new claim for tortious conversion of property. '

Defendants filed an exception of no cause of action in response to plaintiff’s second amended petition. The trial court sustained defendants’ exception of no cause of action, and dismissed plaintiffs claims against defendants.2

On appeal, plaintiff presents the following assignments of error: 1) the trial court erred in ruling on the merits of the case; ’2) the trial court erred in finding plaintiffs second amended petition insufficient to state a cause of action; 3) the trial court erred in failing to interpret the amended petition in the light most favorable to plaintiff; 4) the trial court erred in sustaining defendants’ exception of no cause of action, and not converting it to an exception of vagueness after finding |sit to be insufficient; and 5) the trial court erred in giving deference to procedural law over substantive law.

An appellate court reviews a ruling sustaining. an exception of no cause of action under a de novo standard because the exception raises a question of law, and the trial court’s determination is based solely on the sufficiency of the petition. Badeaux v. Southwest Computer Bureau, Inc., 2005-0612, 2005-0719, p. 7 (La.3/17/06), 929 So.2d 1211, 1217. An exception of no cause of ‘ action questions whether the law extends a remedy against the defendant to anyone under the factual allegations of the petition. Id. No evidence may be introduced to support or controvert the objection that the petition fails to state a cause of action. La. C.C.P. art. 931. Therefore, the court, accepting the well-pleaded allegations of fact as true, must determine whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Jackson v. State ex rel. Dept of Corr., 2000-2882, pp. 3-4 (La.5/15/01), 785 So.2d 803, 806. A petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief. Wallace [1275]*1275C. Drennan, Inc. v. Sewerage & Water Bd. of New Orleans, 98-2423, p. 4 (La.App. 4 Cir. 9/22/99), 758 So.2d 861, 864.

In plaintiffs first assignment of error, she argues that the trial court ruled on the merits of the case instead of merely determining' whether plaintiffs second amended petition states, a cause of action.' This argument is based on statements made in the trial court’s'reasons for judgment. ' Reasons for judgment, while | .(defining arid elucidating the principles upon which' the trial court is deciding a case, form no part of the official judgment. Davis v. Hoffman, 2000-2326, pp. 6-7 (La.App, 4 Cir. 10/24/01), 800 So.2d 1028, 1032. “Appeals are taken from the judgment, not the written reasons for judgment.” Greater New Orleans Expressway Com’n v. Olivier, 2002-2795,- p. 3 (La.11/18/03), 860 So.2d 22, 24. This assignment of error is without merit.

In plaintiffs second and third assignments of error, she argues that the trial court erred in sustaining defendants’- exception of no causé of action.. In our de novo review,- we must determine whether plaintiffs second amended petition, which also incorporated all allegations of her original and first, amended petitions, sets forth facts sufficient to state a cause of action -against defendants. Plaintiff argues that she has sufficiently stated causes of action- for .wrongful termination, defamation and tortious conversion. We will address each of these causes of action separately.

Wrongful Termination

Plaintiff alleged that the termination of her employment “was unlawful and illegal because defendants violated petitioner’s civil rights -by falsely accusing her and offering perjured testimony before another tribunal in an attempt- to deprive petitioner of unemployment • benefits to which petitioner was clearly entitled for being-terminated without cause and which she ultimately collected-after proving she was not at fault - in her termination.” While acknowledging that she was an “at will” employee, plaintiff nonetheless alleged-that her employment was terminated |fi“for alleged cause, an unsubstantiated, dishonest and egregious act, which never occurred.”

“An ‘at will’ employee is one that was not hired for a fixed time period; such an employee is subject to dismissal by his employer at any time, for any reason, without the employer incurring liability for wrongful discharge.” Jeansonne v. Schmolke, 2009-1467, 2009-1468, 2010-0437, p. 11 (La.App. 4 Cir. 5/19/10), 40 So.3d 347, 357. In Quebedeaux v. Dow Chemical Co., 2001-2297 (La.6/21/02), 820 So.2d 542, the Louisiana Supreme Court noted certain exceptions to the general rule that an employer may dismiss an employee at any time for any reason:

This right is tempered by numerous federal and state laws which proscribe certain reasons for dismissal of an at-will employee. For instance, an employee cannot he terminated because, of his race, sex, or religious beliefs.’ Moreover, various state statutes prevent employers from discharging an employee for exercising certain statutory rights, such as the right to present workers’ compensation claims.

Quebedeaux, 2001-2297, p. 5,. 820 So.2d at 545-546. (footnotes omitted).

Plaintiff has not alleged that she had an employment contract with Capital One for a fixed period of time. In fact, she acknowledged, that she. was an “at will” employee in the following allegation in her first amended petition:

That while Capital One and Cindy Martin had a right to fire petitioner ‘at will’ they had no. right to libel and slander her and jeopardize her future employment by making false, deceitful, dishon[1276]

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198 So. 3d 1272, 2016 La.App. 4 Cir. 0052, 2016 La. App. LEXIS 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lusich-v-capital-one-acp-llc-lactapp-2016.