Smith v. City of New Orleans

131 So. 3d 511, 2013 La.App. 4 Cir. 0802, 2013 WL 7160517, 2013 La. App. LEXIS 2868
CourtLouisiana Court of Appeal
DecidedDecember 23, 2013
DocketNo. 2013-CA-0802
StatusPublished
Cited by6 cases

This text of 131 So. 3d 511 (Smith v. City of New Orleans) 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.

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Smith v. City of New Orleans, 131 So. 3d 511, 2013 La.App. 4 Cir. 0802, 2013 WL 7160517, 2013 La. App. LEXIS 2868 (La. Ct. App. 2013).

Opinion

EDWIN A. LOMBARD, Judge.

|,The Appellants, the City of New Orleans and ACS State and Local Solutions, Inc., seek review of the class certification of the Appellees, Stuart H. Smith, Rodney Stephens, David A. Veazey, Guadalupe Ga-mez, by the district court.1 Finding that the district court did not abuse its discretion in certifying the class, we affirm.

FACTS AND PROCEDURAL HISTORY

In January of 2005, the City of New Orleans (“the City”) privatized its parking meter system and commenced replacing coin-operated parking meters with parking control pay stations known as Parkeon Pay Stations (“Pay Stations”) in certain areas of the City. The Pay Stations accepted credit and/or debit cards in addition to coins, and could service multiple parking spaces unlike the mechanical coin-operated meters.

In 2005, the City issued a Request for Proposals for a new Parking Ticket Management Systems and Services Contract pertaining to the Pay Stations. ACS State and Local Solutions, Inc., (“ACS”) was ultimately awarded the contract, |2which was executed on August 1, 2005. ACS had been providing parking ticket processing and collection services for the City prior to 2005 pursuant to a 1994 Parking Ticket Management Systems and Services Contract.2

On August 8, 2005, the City passed M.C.S., Ord. 22035, which updated the previous parking ordinances to accommodate the technological changes in the method of payment to include the Pay Stations.

On April 22, 2005, the Appellees filed a “Petition for Injunctive Relief, Declaratory Judgment, and Writ of Mandamus, Alternatively, Damages for Actions Pursuant to the Takings Clause of the Louisiana Constitution, LSA-Const. Art. I, § 4(B)” against the City as well as other defendants. Each of the named plaintiffs received parking citations between January 2005 and August 4, 2005, for not having a Pay Station parking receipt and for expired time.3 See Smith v. City of New Orleans ex rel. Shires, 10-1464, p. 2 (La.App. 4 Cir. 7/6/11), 71 So.3d 525, 527. Additionally, Mr. Stephens, Ms. Gamez, and Mr. Veazey each received citations while being parked in front of Mr. Smith’s driveway, at respective times. Lastly, Mr. Veazey was cited for placing coins in the old coin-operated mechanical meter instead of the Pay Station system; and was cited for not having a parking receipt while parked in front of Mr. Smith’s driveway. Id. Since filing their initial Petition, the Appellees have twice filed amended and supplemental petitions and | ¡¡have also filed an Amended Restated Petition for Damages on March 31, 2008. ACS was added as a defendant in the Appellees’ Second Supplemental and Amending Petition.

Our Court issued an opinion in Smith, supra, addressing the two (2) separate partial summary judgments the district [515]*515court granted in favor of the Appellees and in favor of former defendant, Standard Parking Corporation and Parking Solutions, L.L.C., which installed the Pay Stations for the City. These judgments were unrelated to the issue of class certification. Therein our Court affirmed the partial summary judgment in favor of the Appel-lees and held that M.C.S., Ord. 22035 does not apply retroactively and is to be applied prospectively only beginning on August 8, 2005. Smith, 10-1464, p. 9, 71 So.3d at 531. Additionally, we held that citizens were entitled to notice that the Pay Stations were being used to issue citations in lieu of the coin-operated meters. Id.

The Appellees filed a Motion for Class Certification on July 25, 2005, which was opposed by both of the Appellants. The class certification hearing was later held on December 3, 2012. Subsequently, on February 20, 2013, the district court issued a judgment and written reasons for judgment, granting class certification.

In its judgment, the district court appointed the Appellees as class representatives and defined that class as follows:

All persons who were issued a parking citation for violation of Section 154-10864 of the Code of Ordinances |4for the City of New Orleans or other meter violation in connection with a multi-space pay station sometimes referred to as Parkeon Pay Station location in the City of New Orleans through August 4, 2005, and all persons who paid for parking in the City of New Orleans through a multi-space pay station sometimes referred to as Parkeon Pay Station with a credit card, debit card, or smart card through August 4, 2005.

Both of the Appellants timely and separately filed motions for appeal in the district court and the instant appeal followed.5 As the City was the first party to file its Appellant’s brief, it is the first Appellant and ACS is the second Appellant.

ASSIGNMENTS OF ERROR

The following assignments of error are raised by both the City and ACS:

1. Pursuant to La.Code of Civ. Pro. art. 591(A), the class cannot be objectively defined, and fails to meet the requirements of commonality, [516]*516and of typicality and adequacy of representation.
2. The predominance requirement of La.Code of Civ. Pro. art. 591(B)(3) was not satisfied.

]KWe shall address the requirements of predominance and commonality jointly because our jurisprudence recognizes that the two requirements are connected. Thus, the above referenced assignments will be discussed respectively under one assignment of error.

Lastly, ACS argues that the district court erred by ruling on purported “common” issues in violation of article 592(d).

STANDARD OF REVIEW

The Supreme Court has explained that when reviewing a district court’s factual findings regarding class certification, a manifest' error standard is applicable; however, a district court’s “ultimate decision of whether or not to certify the class is reviewed under the abuse of discretion standard.” Dupree v. Lafayette Ins. Co., 09-2602, pp. 7-8, (La.11/30/10), 51 So.3d 673, 680. [Citations omitted]. “Implicit in this deferential standard is recognition of the essentially factual basis of the certification inquiry and of the district court’s inherent power to manage and control pending litigation. Whether the district court applied the correct legal standard in determining whether to certify the class is reviewed de novo.” Doe v. S. Gyms, LLC, 12-1566, p. 9 (La.3/19/13), 112 So.3d 822, 830 [citations omitted].

ASSIGNMENTS OF ERROR ALLEGED UNDER ART. 591(A) AND (B)

A. An Objectively Defined Class

The Appellants argue that the putative class of the Appellees cannot be objectively defined. They argue that the district court did not provide a clear identity of the putative class; consequently, the district court has created an overly broad and vague class.

|fiThe City argues that the class created by the district court creates four distinct potential claimants: 1) persons who paid for parking utilizing a Pay Station and who were cited for a violation; 2) persons who paid for parking utilizing a Pay Station using a debit, credit or a smart card, but were not cited for an offense; 3) persons who paid a traditional coin operated meter and received a citation; and 4) persons who did not pay for parking and received a citation.

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131 So. 3d 511, 2013 La.App. 4 Cir. 0802, 2013 WL 7160517, 2013 La. App. LEXIS 2868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-city-of-new-orleans-lactapp-2013.