LA Civ Pro quiz #2

Out of state bank loaned money to a nonresident defendant. The loan was executed out of state but the nonresident owns a Louisiana immovable. Bank wants to get money judgment in Louisiana against defendant. Can the LA courts have personal jurisdiction over the claim?

• Yes

• No

• The Courts already have jurisdiction

• Im not sure?

Answer explanation

With no other contacts to Louisiana, personal jurisdiction is doubtful under Schaffer v. Heitner. There is a possibility of non-resident attachment of immovable property in Louisiana. Action brought in parish where immovable is located and must proceed by attachment of property pursuant to writ of attachment. Curator ad hoc will be appointed to represent non-resident defendant, with duty to attempt to locate and give notice of action. If located can choose to defend or not. If not, curator defends. If plaintiff gets judgment, sheriff enforces by writ of fieri facias directing sheriff to seize and sell. Quasi in rem judgment limited to value of seize property

A Georgia company’s only contact with Louisiana is from a Louisiana resident company calling it to place order after seeing advertisements in national publication. Before this order, the Georgia company had only made one sale in Louisiana, which also took place after being called by the Louisiana customer. The product is now found defective, and a Louisiana resident sues the Georgia company in a Louisiana court. How can company try to avoid litigating in Louisiana court? Will it succeed?

• Yes, if files a declinatory exception

• Yes, if it files a Dilatory exception

• No, no matter what pleading they file.

• No, but should file a peremptory exception

Answer explanation

Georgia company should file a declinatory exception for lack of personal jurisdiction. In order for Louisiana court to exercise jurisdiction over a non-resident corporation, the nonresident must have minimum contacts with Louisiana, such that maintenance of action in Louisiana courts does not offend traditional notions of fair play and substantial justice. In applying this test, courts look to whether nonresident has purposefully directed its activities to the forum state. Here, the Georgia company is likely to lose its declinatory exception. The Georgia company has not directed any marketing towards Louisiana specifically, and it has not registered to do business in the state. It has on two instances taken orders from Louisiana customers who called it, and on at least one occasion shipped software to those customers in Louisiana. Since this shipment to Louisiana contained a product that caused harm in Louisiana, and since it advertised in national publications signaling a desire to do business nationally, there will likely be enough grounds for courts to exercise jurisdiction.

There is a property damage tort suit against the Driver of truck that damaged a car and the Company that employed the Driver. The accident occurred 5 months ago in Rapides Parish. The Company is corporation with registered office in East Baton Rouge Parish. Driver was domiciled in East Baton Rouge at time of accident but has since moved to Bossier. Plaintiff resides in Acadia Parish. Where is venue proper? Why?

• Where the wrongful conduct occurred or where damage occurred.

• Where the registered office is and where the plaintiff is domiciled

• Where the driver domicile and the accident was.

• Where the wrongful conduct occurred or where damage occurred; P's domicile or through the long arm statute/wherever venue is proper.

Answer explanation

Suit can be brought in Rapides because that’s where the wrongful conduct occurred and where damage was sustained. Suit can be brought in East Baton Rouge because that’s where Company is domiciled and where the Driver was domiciled in past year. (After change of domicile, can sue in old or new parishes for a year unless declaration of intent to change domicile is filed.) Bossier is also proper, since this is current Driver domicile. Driver and Company are joint tortfeasors, and action can be brought against all in a venue proper to any. No long arm defendants, and plaintiff’s uninsured motorist carrier apparently not a defendant, plaintiff’s domicile parish not allowed.

Π is a resident of Bossier Parish. Π wants to sue Corporation for breach of contract. Corporation has a registered office in Calcasieu Parish. Contract was for construction of a camp in Sabine Parish. Π signed the contract in Bossier, Corporation signed the contract in Calcasieu. All work for the contract was performed in Sabine. Work was supervised from Corporation’s office in Natchitoches Parish. Where is venue proper?

• Where the contract was executed; and where the services was performed on the contract

• Where the contract was executed; and where the services was performed on the contract; D's registered office

• Where the D is domiciled; Where the contract was executed; and where the services was performed on the contract

• Where the contract was executed; and where the services was performed on the contract; where the P is domiciled.

Answer explanation

Venue is proper under art. 42 in Calcasieu because that’s where defendant corporation’s registered office is located, and also under art. 76.1 because that is where Corporation executed the contract. Venue is proper in Bossier because that’s where plaintiff executed the contract. Venue is proper in Sabine under art. 76.1 because that is where the work under the contract was performed. Venue is also proper in Natchitoches under art. 77 because Corporation had a business office there exercised supervision over the matter.

COMPUTATION OF TIME: When does the counting period start?

• The next day only if it is a holiday

• The same day

• The next day

• Counting starts whenever the accident occurred.

Answer explanation

 

The day of the event does not count.

• Start counting the next day

How long does someone have to bring a tort claim in LA?

• 1 year

• 10 years

• anytime

• it depends on the tort claim

Answer explanation

Torts: 1 year from the day injury or damages sustained

what are the 4 Bases for exercise of PJ over non-residents?

• • Tag Jurisdiction or express waiver

  • Implied waiver by commencing action or not timely raising objection to PJ.

  • Long arm statute

• Long arm statute; waiver; consent

• Long arm state; service in state; consent.

• Consent, service in state, and waiver.

Answer explanation

 

Bases for exercise of PJ over non-residents

• (a)(1)Tag Jurisdiction (serve them while they are in LA) or express waiver (they can consent to JDX)

• (a)(3)Implied waiver by commencing action or not timely raising objection to PJ.

• Para A = Specific JDX

• Para B = Long arm statute

How long does a Defendant have to answer if you attach discovery to the petition when serving the Defendant?

• 21/30 days

• 21 days

• 30 days

• 15 days

Answer explanation

30 days when discovery is attached

When filing a motion to Preservation of Testimony the P has to give the D at least how many days of notice?

• 30

• 15

• 65

• 20

Answer explanation

pointed for the witness and potential parties.Depositions may be used to preserve testimony for a possible trial of a witness who is sick when no lawsuit has been filed but litigation is likely. 20 DAYS notice is needed, and an attorney must be appointed for the witness and potential parti

How long does a person has to respond to interrogatories?

• 30 days

• 15 days

• 20 days

• 10 days

Answer explanation

Must be answered under oath, or objected to, within 30 DAYS