Walters v. Klagholz

999 So. 2d 1212, 2009 WL 81106
CourtLouisiana Court of Appeal
DecidedJanuary 14, 2009
Docket43,944-CA
StatusPublished
Cited by3 cases

This text of 999 So. 2d 1212 (Walters v. Klagholz) 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
Walters v. Klagholz, 999 So. 2d 1212, 2009 WL 81106 (La. Ct. App. 2009).

Opinion

999 So.2d 1212 (2009)

Gordon L. WALTERS, Sr., Plaintiff-Appellee,
v.
John KLAGHOLZ, Rico Stokes, Malcolm Woolsey and Interstate Dodge, Inc., Defendant-Appellants.

No. 43,944-CA.

Court of Appeal of Louisiana, Second Circuit.

January 14, 2009.

*1213 H. Cameron Murray, for Appellant.

Gordon L. Walters, Sr., In Proper Person.

Before STEWART, CARAWAY and MOORE, JJ.

MOORE, J.

This is an appeal from a West Monroe City Court judgment awarding the plaintiff only $.75 in damages, but denying the defendant's reconventional demand for sanctions against the plaintiff. We affirm.

Facts

The plaintiff, Gordon L. Walters, Sr., brought suit in propria persona against Interstate Dodge, Inc., ("Interstate") in the City Court of West Monroe, Louisiana, styled as a suit on open account, to recover $38.00 he paid for a tire tool he purchased for his new Dodge one-ton truck. Mr. Walters also named as defendants Malcolm Woolsey, the truck salesman, Rico Stokes, the sales manager, and John Klagholz, the owner of the dealership. Defendants filed a general denial. Subsequently, the plaintiff amended his suit by adding a demand for reimbursement of late fees and interest charged against his account as a result of two late note payments by Interstate on the vehicle.[1]

*1214 The defendants denied the allegations of the amended petition. Additionally, Interstate filed a reconventional demand alleging that the suit was false and frivolous and that Mr. Walters had not been harmed. Interstate alleged, however, that it had been harmed because it was compelled to retain an attorney to defend the plaintiff's claims and had to expend time and effort of its employees to research and investigate Mr. Walters' claims. Interstate sought an award pursuant to La. Code of Civil Procedure article 863, which authorizes damages for pleadings that are frivolous and not grounded in fact after reasonable inquiry. It also demanded $38.15 from the plaintiff, alleging that the plaintiff had persuaded an employee of Interstate to issue him a check for $38.15 without knowledge of Interstate's manager or defense counsel.

At trial, Mr. Walters testified regarding his purchase of the truck from Interstate and his disputes with the dealership over the fact that there were no floor mats for the vehicle,[2] the allegedly non-functional tire tool, the dealership's two late payments on his account which he believed cost him over $100.00 in interest, and the dealership's tardiness in cancelling the "gap" insurance on his prior vehicle which he wanted applied to the new truck. Regarding the tire tool, Mr. Walters said that the tool supplied with the vehicle would destroy the hubcaps if used for their removal. He complained about the problem to the dealership and testified that the manager instructed him to buy a new tool, the cost of which he would be reimbursed; however, when he returned with a receipt for $38.15, the management refused to reimburse him.

Rico Stokes, the sales manager, testified that he never promised to reimburse Mr. Walters for the tire tool. He said that the vehicle was equipped with a tire tool that would remove the hubcaps. He stated that after Mr. Walters purchased the tool, he offered to reimburse Mr. Walters for the tool "if that would make him happy," but Mr. Walters said that it would not make him happy. Mr. Stokes added that he did not authorize the check for $38.15 that a former employee issued to Mr. Walters for the tire tool after suit was filed.

Regarding the additional interest for the late payments, the defense elicited testimony from Mr. Louis Dejesus, a representative of Chrysler Financial Services. Mr. Dejesus testified that Mr. Walters was actually only charged $.76 in added interest for the two late payments and that he was not charged any late fees. He stated that if Mr. Walters had telephoned Chrysler Financial Services and specifically asked how much additional interest he was charged for the late payment, he would have been informed that the added interest came to only $.76.

Mr. John Klagholz testified that he had no direct contact with Mr. Walters, but was aware that Mr. Walters had been disrupting his business. He testified that he has never had any complaints about the tire tool provided in the truck and that he never authorized reimbursement for the tire tool Mr. Walters purchased. He testified that he has spent four to five hours dealing with this case; that his comptroller/manager, Fred Meyers, has spent one to two hours researching Mr. Walters' claim, and his sales managers, Phillip Jerry and Rico Stokes, have spent two to three hours dealing with this matter. He testified that he never responded to Mr. Walters' request to speak with him because *1215 he did not believe that Mr. Walters was entitled to the tire tool and floor mats.

At the close of trial, the judge awarded the plaintiff $.75 in damages, representing his finding of the amount of interest Mr. Walters was ultimately charged for the late payments; however, it did not grant Interstate's reconventional demand for sanctions that included attorney fees and compensation for time and effort spent by employees and witnesses in defending the claim. The court did, however, assess the plaintiff with all court costs.

Interstate subsequently filed this appeal, contending that the trial court erred by failing to sanction the plaintiff.

Discussion

Louisiana Code of Civil Procedure article 863 imposes an obligation on litigants and their attorneys to make an objectively reasonable inquiry into the facts and law; subjective good faith will not satisfy this duty of reasonable inquiry. Diesel Driving Academy, Inc. v. Ferrier, 563 So.2d 898 (La.App. 2 Cir.1990). Among the factors to be considered in determining whether reasonable factual inquiry has been made are: (1) the time available to the signer for investigation; (2) the feasibility of a prefiling investigation; (3) the complexity of the factual and legal issues; and (4) the extent to which development of the factual circumstances underlying the claim requires discovery. Diesel Driving Academy, Inc., supra.

A trial court's factual findings as a basis for awarding (or for that matter, not awarding) sanctions for failure to comply with a statute requiring an attorney or litigant who signs a pleading to make objectively reasonable inquiry into facts and law are reviewed under the manifestly-erroneous or clearly-wrong standard. McKoin v. Harper, 37,984, (La.App. 2 Cir. 12/10/03), 862 So.2d 410.[3] Once the trial court finds a violation of Art. 863 and imposes sanctions, the determination of the type and/or the amount of the sanction is reviewed on appeal utilizing the "abuse of discretion" standard. Sanchez v. Liberty Lloyds, 95-0956, (La.App. 1 Cir. 4/4/96); 672 So.2d 268, 271, writ denied, 96-1123 (La.6/7/96); 674 So.2d 972.

Interstate alleges that Mr. Walters violated two of the duties imposed by La. C.C.P. art. 863: first, it contends that Mr. Walters could not certify that the allegations in his petition were true because he was not promised reimbursement for the tire tool, and he failed to make an objective inquiry as to whether he was owed anything for the late payments. Second, he could not certify that his pleading was not filed for the improper purpose of harassing Interstate and its employees.

Mr. Walters testified that when he discovered that he could not remove the hubcap from the truck with the tool provided, he went to the dealership to see his salesman, Malcolm Woolsey.

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Cite This Page — Counsel Stack

Bluebook (online)
999 So. 2d 1212, 2009 WL 81106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-klagholz-lactapp-2009.