Schnell v. Mendoza

142 So. 3d 238, 13 La.App. 5 Cir. 922, 2014 La. App. LEXIS 1310, 2014 WL 2119162
CourtLouisiana Court of Appeal
DecidedMay 21, 2014
DocketNo. 13-CA-922
StatusPublished
Cited by4 cases

This text of 142 So. 3d 238 (Schnell v. Mendoza) 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
Schnell v. Mendoza, 142 So. 3d 238, 13 La.App. 5 Cir. 922, 2014 La. App. LEXIS 1310, 2014 WL 2119162 (La. Ct. App. 2014).

Opinion

JUDE G. GRAVOIS, Judge.

| ^Plaintiff, Diane R. Schnell, appeals a judgment that granted an exception of res judicata filed by defendants, Hilman Mendoza and Jane Mendoza. Plaintiff contends that the trial court erred in granting the exception, arguing that res judicata bars her second suit against these defendants only if the prior suit involved the same parties, the same cause, and the same object of demand. She asserts that her second suit involves a different cause of action relative to a bond for deed contract between the parties than the cause of action she asserted in her first suit. For the reasons that follow, we affirm the trial [240]*240court’s judgment granting defendants’ exception of res judicata.

FACTS AND PROCEDURAL HISTORY

On January 31, 2008, plaintiff and defendants entered into a bond for deed contract whereby plaintiff agreed to purchase from defendants a home located at 166 Chateau Latour Drive in Kenner, Jefferson Parish, Louisiana. The contract called for plaintiff to make a down payment on the home and then pay the balance |ato defendants in installments. In her first suit, Schnell v. Anthony Mendoza, et al, case number 681-472 in the 24th Judicial District Court, Jefferson Parish, Louisiana, filed on December 17, 2009, plaintiff sued defendants for “damages and intentional interference with contract,” praying for damages as a result of defendants’ concealment of defects in the property and liens on the property, as well as reimbursement for repair costs plaintiff incurred because of defendants’ alleged concealment of defects in the home. Following a bench trial on September 27, 2011, the trial court granted judgment in favor of plaintiff in the amount of $10,760.75, plus costs and interest from the date of judicial demand, representing repair costs incurred by plaintiff.

Plaintiff filed a devolutive appeal of that judgment, arguing that the trial court erred in failing to determine that the bond for deed contract failed due to the fault of defendants, which would have thereby possibly entitled plaintiff to the return of her deposit made on the property, as well as the return of the payments plaintiff made on the mortgage, taxes, and insurance on the property. Plaintiff argued in her motion for appeal that such claims were encompassed by the scope of her petition for damages, or in the alternative, that the pleadings in that case were enlarged at trial to include rescission of the contract and the return of all payments she made pursuant thereto. Defendants opposed these contentions.

This Court affirmed the judgment in favor of plaintiff. Schnell v. Mendoza, et al, 12-272 (La.App. 5 Cir. 11/13/12), 105 So.3d 874. In so doing, this Court noted:

In its reasons for judgment, the trial court found that Ms. Schnell established at trial that Mr. Mendoza misrepresented the condition of the property and failed to make agreed upon repairs as outlined in the home’s inspection report. The amount of the award reflected the repair receipts submitted into evidence. The trial court further found that the bond for deed contract was not voided by defendants’ failure to disclose encumbrances on the property. However, the court found |4that the issue of cancellation of the contract due to Ms. Schnell’s failure to make contractual payments was not placed before the court and thus, the award of damages could only include receipts for repairs which were covered by the inspection report.

Id. at 877. This Court found that plaintiffs pleadings did not, in fact, encompass the cause of action she tried to assert on appeal — the invalidation of the bond for deed contract — and in fact clearly relied on the validity of the bond for deed contract. This Court further disagreed with plaintiffs contention that the scope of her pleadings had been expanded by the evidence presented at trial.

On appeal in the instant case, plaintiff agrees, in her brief, with this Court’s previous findings that the matter of the validity of the bond for deed contract was not litigated in the prior suit. Thus, she argues, that this cause of action was not, in fact, adjudicated in the prior proceeding, and is not, therefore, res judicata, and thus the trial court erred in granting defendants’ exception. Plaintiff appears to [241]*241rely, however, on the law of res judicata in effect prior to the 1990 revision of La. R.S. 13:42s!.1

Since 1991, La. R.S. 13:4231 has provided:

Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
(1) If the judgment is in favor of the plaintiff, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and merged in the judgment.
(2) If the judgment is in favor of the defendant, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and the judgment bars a subsequent action on those causes of action.
(3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any subsequent action between them, with respect to |Bany issue actually litigated and determined if its determination was essential to that judgment.

(Emphasis added.)

Comment (a) (1990) to La. R.S. 13:4231, provides, in pertinent part:

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Under new R.S. 13:4231 the second action would be barred because it arises out of the occurrence which was the subject matter of the prior litigation. The central inquiry is not whether the second action is based on the same cause or cause of action (a concept which is difficult to define) but whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the first action. This serves the purpose of judicial economy and fairness by requiring the plaintiff to seek all relief and to assert all rights which arise out of the same transaction or occurrence. This prevents needless relitigation of the underlying facts and will free the defendant from vexatious litigation; and, by focusing on the transaction or occurrence which would be comparatively easy to determine, this proposal avoids the much more difficult problem of defining what constitutes “cause of action” is avoided. For purposes of res judicata it would not matter whether the cause of action asserted in the second action was the same as that asserted in the first or different as long as it arose out of the transaction or occurrence that was the subject matter of the first action.

Plaintiff argues that her first suit sounded in tort, and therefore does not preclude the instant (second) suit, which alleges a breach of the bond for deed contract, and thus the trial court erred in granting the exception. However, in order to overcome an exception of res judicata, La. R.S. 13:4231(1) requires a plaintiff in the first proceeding to assert “all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation,” regardless of the legal theory or particular [242]

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Cite This Page — Counsel Stack

Bluebook (online)
142 So. 3d 238, 13 La.App. 5 Cir. 922, 2014 La. App. LEXIS 1310, 2014 WL 2119162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnell-v-mendoza-lactapp-2014.