Romero v. Cola

193 So. 3d 418, 2016 WL 3001977, 2016 La. App. LEXIS 1012
CourtLouisiana Court of Appeal
DecidedMay 25, 2016
DocketNo. 15-1058
StatusPublished
Cited by1 cases

This text of 193 So. 3d 418 (Romero v. Cola) 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
Romero v. Cola, 193 So. 3d 418, 2016 WL 3001977, 2016 La. App. LEXIS 1012 (La. Ct. App. 2016).

Opinions

KEATY, Judge.

hThe plaintiff appeals a judgment denying her request for damages against the defendants for past due rent, damages to the premises, and reimbursement of utility bills. For the following reasons, we,reverse and render.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Lucy R. Romero, individually; and as executrix of the estate of Dor-phy Adam Romero, (hereafter “Ms. Romero”) filed a Petition,for Monies Due and for Damages against the defendants, Clayton Cola, Sr., and Anna Cola (hereafter “the Colas”) on- November 17, 2014. Therein she claimed .to be the owner of immovable property located at 834 Heart D - Farm Road in Youngsville, Louisiana, (hereafter “the property”) which had been leased to the Colas “prior to 1999.” Ms. Romero claimed that pursuant to the lease, the Colas agreed to pay monthly rent of $600,00 and to be responsible for paying utilities. At the time the petition was filed, Ms. Romero asserted that the C.olas were in arrears of over $18,000.00 in past due rent. According to Ms, Romero, the last payment that the- Colas made to her was on May 10, 2014, in the amount of $300.00, in partial payment of the rent due in February 2008. Ms. Romero further claimed that the Colas had failed to pay the monthly utility bills when they became due and that she had paid those, bills to prevent the property from deteriorating. Ms. Romero submitted that when the. Colas vacated the premises on May 14, 2014, she discovered that the Colas had failed to properly maintain the property and had left it “in a dilapidated and trash strewn condition.” As a result, Ms. Romero claimed that the Colas were iiable to her for past due rent, reimbursement of the •utility bills that she paid on their behalf during the lease term, and damages to the premises.

LThe Colas .answered the petition, in proper person, admitting that the lease agreement made them responsible for pay[420]*420ing utilities and that they vacated the premises on May 14, 2014. The matter proceeded to a bench trial on July 13, 2015, following which the trial court rendered oral reasons for judgment, finding that Ms. Romero had not met her burden of proof and, thus, denying her request for damages.

Ms. Romero now appeals, asserting that the trial court erred: 1) in holding that she did not sustain her burden of proving the amount of monthly rent due; 2) in failing to determine the amount of rent due; and, 3) in casting all costs of court upon Ms. Romero. The Colas did not file an appel-lee brief.

DISCUSSION

“Appellate review of a question of law is simply a decision as to whether the trial court’s decision is legally correct or incorrect.” Dugan v. Gen. Seros. Co., 01-511, p. 3 (La.App. 3 Cir. 10/31/01), 799 So.2d 760, 763, writ denied, 01-3327 (La.3/15/02), 811 So.2d 942. When a “trial court’s decision was based on its erroneous application of law ... its decision is not entitled to deference by the reviewing court.” Id. When an appellate court finds a reversible error of law, the appellate court “must redetermine the facts de novo from the entire record and render a judgment on the merits.” Id.
Findings of fact are reviewed under the manifest error rule. Cormier v. Co-meaux, 98-2378 (La.7/7/99), 748 So.2d 1123. When the review of factual findings of the trial court are at issue, the following.two-part analysis applies in order to reverse the fact finder’s determinations: (1) a reasonable factual basis must not exist in the record for the finding of the trial court and (2) the record must establish that the finding is manifestly erroneous or clearly wrong. Id. Great deference is given to the trial court’s determination of the credibility of witnesses, except where “documents or other objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable finder of fact would not credit the witness’s story.” Rosell v. ESCO, 549 So.2d 840, 844-45 (La.1989).

Harruff v. King, 13-940, pp. 4-5 (La.App. 3 Cir. 5/14/14), 139 So.3d 1062, 1066, writ denied, 14-1685 (La.11/7/14), 152 So.3d 176.

|sLouisiana Civil Code Article 2682 provides that “[t]he lessor is bound: (1) To deliver the thing to the lessee; (2) To maintain the thing in a condition suitable for the purpose of which it was leased; and (3) To protect the lessee’s peaceful possession for the duration of the lease. Conversely, La.Civ.Code art. 2683 provides, in pertinent part, that “[t]he lessee is bound: (1) To pay the rent in accordance with the agreed terms; (2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and (3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.”

In its oral reasons for judgment, the trial court noted:

This is a civil case. The plaintiff has the burden of proving each of her claims, and unfortunately, I don’t believe she did. I don’t believe there is sufficient evidence for me to be convinced that Ms. Lucy Romero was the person who negotiated with the Colas the terms of this lease. So I don’t know whether or not she is telling me something that she knows, in terms of the amount of the [421]*421lease, or whether she’s telling me something that her husband told her.
With regard to the agreement, or purported agreement that the defendants would be responsible to pay all of the utility service, the defendants!’] answer agrees to that, admits to paragraph 6. So the defendant has said that she was responsible — or she and Mr. Cola were responsible for paying the rent. I’m sorry, the utility bills.
However, there is no way for me to ascertain from these documents which Ms. Romero has provided me with utility bills that total $11,114.01. There is no way I can determine which, if any, of these were not paid by the defendants.
Finally, with regard to the damages, the plaintiffs have not been able to convince me that the damage, whatever the damage is that’s complained of because I’m not sure what that damage is, but in any event, I’m not convinced that it was anything more than normal wear and tear.
There is no sufficient evidence to support the plaintiffs claim. Judgment for the defense....

| ¿Amount of Monthly Rent

In her first assignment of error, Ms. Romero contends that the trial court erred in holding that she did not sustain her burden of proving that the rent for the property was $600.00 per month. She submits that because the Colas failed to respond to requests for admission that were properly served upon them, the fact of the property’s rental rate of $600.00 per month should be deemed admitted.

Ms. Romero testified at trial that her husband died in 1999 and that the Colas began renting the property before that time pursuant to an oral lease. According to Ms. Romero, the rent had always been set at $600.00 per month. In conjunction with her testimony, counsel for Ms. Romero offered into evidence Exhibit P-1, in globo, which contained copies of “Request[s] for Admission, Interrogatories and Requests for Production” that were propounded upon Mr. and Ms.

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193 So. 3d 418, 2016 WL 3001977, 2016 La. App. LEXIS 1012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romero-v-cola-lactapp-2016.