LACCP Bar EXAM 2023 (AS)

A single man died a year ago without leaving a will. At the time of his death, he was domiciled in Jefferson Davis Parish and had a single heir, namely, his adult daughter. The only property he owned at the time of his death was his home in Jefferson Davis Parish and the contents in the home. The value of all the property in his estate, at the time of death, was $100,000. What steps, without filing a judicial proceeding, should the daughter take to formally recognize her ownership of this home? Explain. (2019)

- Daughter can open a small succession which applies to any estate, valued at $125k or less at the time of death, which was the case here, the sole heir is a descendant, namely daughter, and the decedent was domiciled in LA and died intestate. It is not necessary to judicially open small successions. Daughter only needs to execute an affidavit setting forth the date of her father's death, that he died intestate and his marital status, which in this case is none. The affidavit must also include a description of the home and its contents, a description of her interest in the property being inherited, an affirmation by the daughter-affiant that she accepts the succession, and an affidavit of correctness. A multiple original of the affidavit is sufficient authority for the delivery of the home and its contents to Daughter. A multiple original should also be filed in the conveyance office of Jeff Davis parish where the home (IP) is located.

Plaintiff owns a homeplace and 100 acres of contiguous, wooded property. Plaintiff has observed that a forest crew is cutting what appears to be a wide right-of-way and that his property appears to be next in line for advancement. Plaintiff wants to file an action to prevent immediate entry upon his land by the company that is cutting the right of way. Plaintiff is aware of no right giving anyone the authority to clear a path across his property and wants such activity prohibited in the future. What pleadings should Plaintiff file to prevent the immediate entry and work on Plaintiff's property and to prevent same in the future? Explain fully, including whether notice of any pleading filed must be given to the company employing the forest crew.

- P should file a petition for issuance of a temporary restraining order which must assert that she will suffer irreparable harm if company cutting the path is not enjoined from continuing to do so on her property. Irreparable harm is harm that is incapable of being compensated for by money damages. Here, P would argue that the unique aesthetic of the land with the trees cannot be duplicated and mere money damages equivalent to the value of the logs taken doesn't compensate for the non-pecuniary harm. P's petition must be verified and contain an attorney certification regarding efforts made to provide notice of her intent to seek a TRO to company in the event she proceeds ex parte. The TRO will expire by its terms 10 days after issuance. The purpose of the TRO would be to maintain the status quo of the parties until a hearing on the preliminary injunction can be scheduled. - If the TRO is granted, a hearing on the preliminary injunction must be noticed and scheduled not less than two nor more than 10 days from service of the required notice of the preliminary injunction hearing. The preliminary injunction, if granted, would continue to enjoin the company from entering P's property. - A permanent injunction is the 3rd stage coming after a full trial on the merits. If granted, company would be permanently prohibited from entering and clearing P's property.

The judge denied Titan's motion for summary judgment, and the case proceeded to trial before a jury of six (6) persons. Absent a stipulation by the parties, how many jurors must concur to render a verdict?

5 jurors must concur for a verdict in this six member jury.

Because Ohio Valve Company sells no products to any Louisiana distributors, it wishes to contest personal jurisdiction of the Louisiana court. Its closest distributors to Louisiana are in Longview, Texas; El Dorado, Arkansas; and Vicksburg, Mississippi. What pleading must Ohio Valve Company file to contest jurisdiction of the Louisiana court over it in this matter and when must the pleading be filed?

A declinatory excpetion of lack of PJ, which must be filed prior to or in the answer and prior to entry of a final default judgment.

Assume that the trial is over and that the jury returned a verdict in favor of Pearl and against Delta, Inc. on Monday, December 4. The judge instructed Pearl to prepare and furnish to Delta, Inc. a proposed judgment based upon the jury's verdict. Pearl complied, but Delta, Inc. had an objection to the proposed judgment. Thereafter, the judge held a conference in chambers on Monday, December 11, and presented a judgment of her own, to which all parties had objections. The judge then entered the courtroom and, on the record and in the presence of the lawyers for all parties, announced her judgment, signed the judgment she had prepared, and handed it to the deputy clerk of court for filing. The judge acknowledged that all parties had objections to the judgment, and counsel for all parties reiterated and stated those objections on the record. The sheriff served notice of the judgment on Tuesday, December 12. What is the last date on which Delta, Inc. can move for a new trial or judgment notwithstanding the verdict?

A new trial or JNOV motion must be filed within seven days, exclusive of legal holidays, after the sheriff has servied notice of judgment, which here, was on Tuesday, December 12th. The time period commenecs the day after, Wednesday, December 13th. Seven days from the 13th, and excluding Saturday (12/16) and Sunday (12/17) as legal holidays, would be Thursday, December 21st, the last date on which Delta can file these motions.

Two weeks after Diamond Groceries answered the petition, it decided it wanted to challenge Patrick's claim for intentional infliction of emotional distress because Diamond Groceries does not believe that the facts alleged in the petition support a cause of action for an intentional infliction of emotional distress claim. A. What pleading should Diamond Groceries file to have Patrick's claim for intentional infliction of emotional distress dismissed before engaging in discovery on the claim? B. Patrick believes that Diamond Groceries waived its right to challenge Patrick's claim for intentional infliction of emotional distress on the basis of the factual allegations of the petition. Is Patrick correct? Explain.

A. Diamond should file a motion for judgment on the pleadings which can be filed by any party after the answer has been filed as is the case here. The court will consider only the pleadings themselves and consider all of Diamond's allegations not denied by Patrick, and all of Patrick's allegations, as true in deciding the motion. B. No, Patrick is incorrect. Diamond may still challenge Patrick's claim for IIED by filing a peremptory exception of no cause of action. Peremptory exceptions may be pleaded at any time in either the trial or appellate court prior to submission of the case for decision.

Arthur was successful in having the clerk of court process the suit and forward it to the sheriff to make service upon Defendants. Tangi Electric promptly filed an answer. The sheriff prepared and filed with the clerk of court a service return stating that Bob was served personally. It has now been 45 days since the service and no pleadings have been filed by Bob, nor has Arthur heard from anyone representing Bob. Arthur is ready to proceed to trial with the case. What must Arthur file to proceed with the case and what are the time delays, if any?

Arthur should seek a default judgment against Bob since his time to answer has long since expired. Once the applicable time period has elapsed, plaintiff may have a default judgment entered by presenting a prima facie case. Arthur may do so with affidavit proof and a proposed judgment. The evidence must be admitted into the record but no testimony is necessary unless the court requires it. A default judgment will then be entered and it is a final judgment against Bob.

During the course of the trial, what obligations do the attorneys have as officers of the court? Explain.

As an officer of the court an attorney must conduct himself with decorum, consistent with the dignity and authority of the court; treat others in court with due respect; not interrupt opposing counsel or impede proceedings; and not knowingly encourage or produce false evidence. Violation is punishable a contempt of court.

Boat Pros believes the boat engine fire was caused by Paul's incorrect operation of the engine. Boat Pros would like for its engine expert to inspect the engine and to make its own determination regarding the cause of the fire. What step(s) must Boat Pros take to permit its expert's inspection of Paul's boat and the engine?

Boat Pros must serve Paul with a request for production of things to make the boat and engine available for inspection by its expert. The request must set forth the items to be inspected describing each with reasonable particularity. The request must specify a reasonable time, place and manner of making the inspection and performing the related acts. Paul would have to serve a written response within 30 days of being served with the request stating whether the inspection will be permitted or objecting to it.

The jury returned a verdict in favor of Paul. What steps should Boat Pros take to seek to have the jury verdict in favor of Paul set aside, and when must it take those steps? Explain fully.

Boat Pros should file a motion for a Judgment Notwithstanding the Verdict (JNOV) asking the court to set aside the jury's verdict in favor of Paul. Boat Pros has seven days, exclusive of holidays, from the mailing of the notice of signing of judgment within which to file a motion for a JNOV.

Happy Homes revealed during its deposition that it subcontracted out the electrical work on Bob's St. Tammany Parish home to Ernie's Electrical, Inc. Bob wants to add Ernie's as a defendant. What steps must Bob take to properly add Ernie's as a defendant and require it to participate in Lawsuit 1? Explain fully.

Bob can amend the petition to add Ernie's Electrical as a joint defendant to the suit. However, since Happy Homes has already filed its Answer, Bob must first get leave of court to amend the petition. Since Lawsuit 1 was filed in a court of competent jurisdiction and venue against Happy Homes, a joint obligor, it interrupted prescription as to other joint obligors such as Ernie's Electrical.

Ernie's has timely filed for suspensive appeal and has furnished a bond as security. Bob believes the bond is insufficient or invalid. What can Bob do to challenge the bond's sufficiency or validity? Explain briefly.

Bob can test the sufficiency of the bond by ruling Ernie's unto the trial court to show why the bond should not be deemed insufficient or invalid and why the appeal should not be set aside.

An insurance company is a defendant in an action brought against it by its insured. After three days of a bench trial, the plaintiff has rested her case. The insurance company believes that the plaintiff has failed to offer evidence needed to establish her cause of action. What, if anything, should the insurance company now do to try to secure an immediate ruling in its favor, and what is the legal standard that the insurance company must satisfy to prevail?

D can move for involuntary dismissal. The standard for granting is whether P presented sufficient evidence to establish her claim by a POE. In deciding the motion, the court must evaluate P's evidence without applying any special inferences in her favor.

Judgment in favor of Plaintiff and against Defendant has been rendered. Three months later, Defendant learns about the judgment, even though he never received a citation for, or a copy of, Plaintiff's petition. Upon investigation, Defendant learns that a Bienville Parish deputy sheriff delivered the citation and petition to a neighbor rather than to anyone residing in Defendant's home. What action should Defendant take to challenge this judgment? Explain.

D should file an action for nullity for vices of form which include a judgment rendered against one, like D, who was never properly served with citation and the petition. The action should be filed in the trial court that rendered the judgment and may be brought at any time and asserted collaterally.

A jury returned a verdict in favor of Peter and against Dale in the amount of $1 million. Dale believes that the evidence was insufficient to support this verdict of $1 million in damages and that the verdict was contrary to the law, but Dale does not contest the jury's liability finding. What are the options for relief from this verdict that Dale can file in the trial court?

Dale has 3 options. He can file a judgment notwithstanding the verdict (JNOV), or, in the alternative, a motion for a new trial on the issue of damages alone; or a motion for remitter to reduce the amount of the award.

Assume that trial is underway and that Pearl did not join the owner of the weigh station, Interstate Weight, Inc. in the lawsuit. Delta, Inc. believes that not joining Interstate Weight, Inc. will prejudice Delta, Inc. What, if anything, can Delta, Inc. do now?

Delta can file a peremptory exception of non-joinder of a party. Peremptory exceptions can be filed at any stage of the proceeding prior to submission of the case for decision, which has not yet occurred here. The applicable basis for mandatory jonider would be that complete relief cannot be accorded to Delta if it is held solely or even partially responsible for Pearl's injuries since Interstate may bear some or all of that responsibility due to its conduct in signaling to truck drivers when it was safe for Tucker to re-enter the highway. Thus, Interstate is a potential concurrent or sole tortfeasor whose fault must be considered to determine the appropriate apportionment of fault of all who may have contributed to determine the appropriate apportionment of fault of all who may have contributed to Pearl's harm.

Dennis and Pedal Around then proceeded to present their defense, taking the necessary steps to put on evidence and argue that Patty's damages were caused, at least in part, by the unidentified delivery truck driver. What steps, if any, can Dennis and Pedal Around take to have the jury allocate any amount of fault to the delivery truck driver? Explain fully.

Dennis and Pedal Around should file written requests for proposed jury instructions instructing the jury to allocate the percentage of fault it attributes to the unidentified delivery driver's conduct in causing Patty's damages.

Dennis was served with discovery requests seeking potentially thousands of documents that Dennis thinks are neither relevant to the litigation nor reasonably calculated to lead to the discovery of admissible evidence. Dennis further believes that the discovery was propounded to cause him to incur unnecessary effort and expense. What can Dennis file with the court to restrict this discovery, and what standard is the court to apply?

Dennis can file a motion for a protective order showing that the discovery requests for thousands of documents are unreasonably burdensome and are intended to annoy and oppress him. Moreover, the info being sought is irrelevant and not calculated to lead to the discovery of admissible evidence and, as such, is beyond the scope of discovery.

During the discovery process, Pearl noticed the deposition of Tucker. Unfortunately, Tucker has been caring for his mother, who is recovering from a recent surgery. She lives two hours away and is in need of constant supervision and care. As a result, Tucker is unable to leave his mother's home in order to attend an in-person deposition. Given these circumstances, how might Pearl seek to take Tucker's deposition and what are the requirements to do so?

Depositions by telephone or other electronic means, such as online depositions, are allowed if the parties agree or the court orders it. Thus Pearl can seek the consent of Pearl's attorney or request the court to order one of these alternative means of taking Tucker's deposition.

Assume that Diamond Groceries was served with a citation and a copy of Patrick's petition for damages only. What is the period of delay for Diamond Groceries to respond to the petition?

Diamond Groceries has 21 days after service of the petition within which to file a response, assuming suit was filed in district court.

Patrick timely filed and served his motion for summary judgment. The court has set a hearing date on the motion. When must Diamond Groceries file and serve its opposition to Patrick's motion, including all documents in support of its opposition?

Diamond Groceries must file its opposition and any documents supporting its opposition at least 15 days before the hearing.

Diamond Groceries believes Patrick (plaintiff) is at fault in causing his accident because he disregarded the yellow caution sign. What action must Diamond Groceries take in response to Patrick's petition to allow it to argue the fault of Patrick at trial?

Diamond Groceries must include the affirmative defense of negligence or fault of the plaintiff in its answer to the petition. Failure to timely plead this affirmative defense will prohibit Diamond from offering evidence of Patrick's negligence in support of this defense at trial.

Patrick did not make a jury demand in his petition, but Diamond Groceries wants a trial by jury. What steps should Diamond Groceries take to make a valid jury demand, and by when must it take such steps?

Diamond Groceries must request a jury trial within 10 days of filing a pleading that raises an issue triable by a jury. Since Diamond's answer will be such a pleading, Diamond should include its jury trial request either in its answer or within 10 days of filing its answer.

If Delta, Inc. believes the lawsuit has been filed in the wrong venue, what must Delta, Inc. file to challenge the venue and when must it be filed?

Ds should file a declinatory exception of improper venue prior to or in their answer, but in no event later than the entry of a default judgement. Failure to do so will result in a waiver of its objection to venue. Also, Delta must file all declinatroy and dilatory objections together at the same time or the late-filed one will be deemed waived.

When must Durable and Titan disclose the identity of their rebuttal experts and provide rebuttal expert reports?

Durable and Titan must disclose the identity of their rebuttal experts and provide rebuttal expert reports within 30 days after Pam provides her expert's report.

After service is made on Batty Batteries (via long arm statute), what must Eco-Tours file in the record to prove service was made on Batty Batteries? Explain fully.

Eco-Tours must file into the record an affidavit of the individual who has either: 1) mailed the process to Batty Batteries by registered or certified mail addressed to Batty Batteries with sufficient postage affixed and the date of mailing and attaching the return receipt to the affidavit; 2) used a commercial courier to make delivery showing the name of the courier, the date and address at which the process was delivered and attach the courier's confirmation of delivery; or 3) actually delivered the process to the defendant

Eco-Tours took the deposition of an engineer employed by Hy-Cycle who testified that the battery packs for the Ninjango motorcycles were manufactured by Batty Batteries, Inc. ("Batty Batteries"). Eco-Tours then filed the necessary motions and pleadings to add Batty Batteries as a defendant. However, Batty Batteries is located only in Tennessee, has no offices in Louisiana and is not registered with the Louisiana Secretary of State. How must Eco-Tours effect service of process on Batty Batteries? Explain fully.

Eco-Tours would have to serve Batty Batteries under LA's long-arm statute. This is done by either mailing the citation and petition by certified or registered mail, return reciept requested, or by actual delivery to Batty Batteries by commercial courier or by one authorized to make service in Tennessee. If service cannot be made by either of these methods, the court will order service to be made on an attorney at law appointed by the court to represent the non-resident defendant.

Employer has been sued by Victim after Employee was involved in a wreck with Victim while Employee was driving a vehicle owned by Employer. Through discovery, Employer learned that the accident happened at 10:00 p.m. and that, at the time, Employee was returning from a movie with Employee's mother. Employee's work hours are 7:00 a.m. until 3:00 p.m. Employee drives a company vehicle and takes the vehicle home at the end of each work day. Thus, Employer believes there is no basis for Victim's allegation that Employee was in the course and scope of employment at the time of the accident. Trial is scheduled to occur in six months. (a) What, if anything, should Employer file now to try to have this lawsuit against Employer dismissed before trial, and what legal standard, if any, must Employer satisfy to obtain the relief sought?

Employer should file a motion for summary judgment and serve it at least 65 days before trial. THe motion will be granted if Employer can show that there are no genuine issues of amterial fact and that Employer is entitled to judgment as a matter of law.

What type of request must Ernie's make to permit it and its expert's entry onto Bob's property to perform the inspection, and what must be contained in the request?

Ernie's must serve Bob with a request for entry upon land to inspect Bob's property. The request must contain the items to be inspect with reasonable particularity and specify a reasonable time, place, and manner of making the inspection.

Patrick has learned that Winnie is the employee who placed the yellow caution sign next to the broken jar of marinara sauce on the floor of aisle seven and wants to take her deposition. What steps must Patrick take to take Winnie's deposition? Explain.

Even though Winnie is an employee of Diamond Groceries who was acting within the course and scope of her employment at the time she placed the caution sign next to the spill, she is not a party to this lawsuit. So unless she consents to being deposed, she must be subpoenaed to attend her deposition. Winnie may be subpoenaed to attend a deposition only in a parish in which she resides or is employed, which here would be Beauregard Parish. Patrick would have to serve a notice of deposition on Diamond Groceries which would be sufficient authorization for the court to issue a subpoena. The subpoena must then be served on Winnie within a reasonable time before the time specified for her deposition.

Assume that early in the discovery process, Pearl propounded interrogatories asking Tucker to identify all witnesses to the accident and that Tucker timely and accurately answered those interrogatories. Two weeks before trial, Tucker learned that a person who was doing road work on the interstate highway observed the accident in its entirety and further observed Tucker looking at his cell phone as he was going through the flashing light. Tucker does not plan to call this witness at trial, since his testimony will be adverse to Tucker's interests. What responsibility, if any, does Tucker have to divulge the identity of this new witness to Pearl?

Generally, there is no duty to supplement responses that were complete when made, which apparently was the case when Tucker answered the interrogatories. However, one of the exceptions to this rule that applies here is when the party learns of additional persons with knowledge of discoverable matter. Since Tucker learned the identity of this additional witness after submitting his answer regarding his knowledge of witnesses to the accident, he is now required to supplement his response by disclosing the identity of this additional witness.

Happy Homes was properly served with Bob's Petition for Damages on Monday, April 12, 2021. Happy Homes has decided to answer and not file exceptions in response. What is the delay for Happy Homes to file its answer?

Happy Homes has 21 days after service of the petition within which to file its answer.

Happy Homes already answered Lawsuit 1 when it was served with Lawsuit 2. What must Happy Homes file to challenge and seek dismissal of Lawsuit 2 so as to avoid litigating the merits of Lawsuit 2, what must it assert in that challenge, and by when must it raise its challenge? Explain fully. Is the dismissal of Lawsuit 2 with or without prejudice?

Happy Homes should file a declinatory exception of lis pendens. Bob must assert in his exception that there are two Louisiana lawsuits pending in more than one court on the same transaction (construction contract), between the same parties (Bob and Happy Homes), in their same capacities. Under art. 531, Lawsuit 2, the later filed suit, will be dismissed and Bob will be allowed to prosecute only Lawsuit 1. Since this a declinatory exception, Happy Homes must file it before or in its Answer to Lawsuit 2. The dismissal of Lawsuit 2 would be without prejudice. However, once a final judgment is rendered in Lawsuit 1 which is pending on the same transaction, between the same parties, in the same capacities, that final judgment would have res judicata effect on Lawsuit 2 and be conclusive as to all suits.

The deadline for discovery has not passed, and a trial date has not been set. However, Hy-Cycle believes all the evidence needed to support the dismissal of Eco-Tour's claim for loss of business income has been fully discovered. What motion must Hy-Cycle file to seek the dismissal of Eco-Tour's claim for loss of business income? What showing must Hy-Cycle make in its motion to prevail? What type of evidence may Hy-Cycle submit to support its motion, and when may Hy-Cycle file its motion? Explain fully.

Hy-Cycle must file a motion for summary judgment asserting that based on the pleadings and evidence adduced in the case, there is no genuine issue of material fact left to be decided and that it is entitled to a judgment dismissing it from the case as a matter of law. Hy-Cycle has the burden of proof on the motion. However, since Eco-Tours has the burden of proof at trial on its product liability claim, HyCycle's burden on the motion does not require it to negate all essential elements of the claim. Rather, it only has to point out the absence of factual support for one or more elements. Here, the deposition testimony of the engineer who stated under oath that Batty Batteries, not Hy-Cycle, manufactured the battery packs shows that there is no factual dispute as to who the manufacturer was of the component part 3 that contained the defect. Unless Eco-Tours can demonstrate otherwise, it will be unable to prove an essential element of its products liability claim against HyCycle. In support of its motion for summary judgment, Hy-Cycle may submit pleadings, memoranda, affidavits, depositions, answers to interrogatories, written stipulations, and admissions. Any supporting affidavits must be made by a competent affiant; on their personal knowledge; and based on facts admissible at trial. Hy-Cycle may file the motion at any time. The motion and affidavits must be served at least 65 days prior to trial

Durable timely answered the lawsuit. Pam wants to take Durable's deposition, but its representative is located in north Louisiana near Shreveport. Pam would like to take Durable's deposition remotely so she does not have to travel. Under what circumstances, if any, may Pam take Durable's deposition via remote electronic means? Explain.

If agreed upon by all parties to the suit, or if ordered by the court, Pam may take Durable's deposition by remote electronic means.

Diamond Groceries owns more than twenty grocery stores in Louisiana. Patrick propounded an interrogatory to Diamond Groceries asking it to identify each and every slip and fall accident that occurred at any of its grocery stores in the past ten years. Diamond Groceries believes that it would be overly burdensome to gather the information Patrick is seeking and that the information sought is not relevant to Patrick's claims. What initial steps must Diamond Groceries take to avoid having to respond to the interrogatory, and by when must Diamond Groceries take those steps?

If the answers to this interrogatory can be obtained from Diamond Groceries' business records, including its electronically stored information, Diamond Groceries can specify where in its business records Patrick may find the answers, if the burden of doing so is substantially the same for both parties. Diamond would need to make its business records available, in lieu of answering the interrogatories, within 30 days of service of the interrogatories.

How many jurors must concur to render a verdict?

In a twelve member jury, nine must concur for a verdict. In a six member jury, five must concur for a verdict.

James did not file a jury demand in his answer. During the course of litigation but before the trial date was set, Mary withdrew, in writing, her jury demand. What can James do, if anything, to receive a trial by jury now that Mary has withdrawn her jury demand? Explain fully.

James can still request a jury trial if he files a jury trial demand within 10 days of Mary withdrawing her jury trial demand.

James wants to argue at trial that the driver of the green metallic Ford Mustang was negligent and at fault for causing the accident. Therefore, in his answer to the Petition, he denied any liability whatsoever for the accident. What else must James include in his answer to allow him to argue at trial the fault of the unknown driver?

James must allege in his answer the affirmative defense of negligence or fault of the non-party driver of the Mustang. Failure to timely plead this affirmative defense in his answer will prohibit him from offering evidence in support of this defense.

James believes that the lawsuit against him is not timely. What pleading should James file, and has James waived his right to file that pleading since he already filed his answer?

James should file a peremptory exception of prescription and has not waived his right to do so by answering the petition because peremptory exceptions can be filed at any time, including after the answer has been filed.

At trial, James puts on evidence that Mary's damages from the accident were caused, at least in part, by the unidentified driver of the metallic green Ford Mustang. What steps, if any, should James take to have the jury allocate any amount of fault to the driver of the Ford Mustang? Explain fully.

James should file written requests for jury instructing jurors that if they find any fault on the part if the unidentified Mustang driver, they should apportion an appropriate percentage of fault to that driver.

The Judge ordered Mary to answer questions regarding subsequent accidents. However, Mary still refuses to answer. What action should James take?

James should move the court to issue sanctions against Mary for failing to obey a court order compelling discovery.

In preparing for trial, Mary wants to discover the name of the insurer who issued James' automotive insurance policy, the policy number and the limits of that policy. What are the means by which Mary can obtain this information from James?

Mary can find out the name of James' insurer by serving him with a request for production of documents asking him to produce a copy of the policy or deposing and asking him under oath to identify his insurer.

Does James waive his right to challenge Mary's refusal to answer questions regarding subsequent accidents if he completes her deposition before doing so? Explain fully.

No. James may complete the examination before he applies for an order compelling Mary to answer the question.

Patrick's attorney took Winnie's deposition. Before her deposition, Diamond Groceries had interviewed Winnie and learned that Patrick's attorney had interviewed Winnie over the phone before the lawsuit was filed. Diamond Groceries has now propounded a request for production of documents to Patrick asking him to produce any witness statements or notes from witness interviews he or his attorney have in their possession. Patrick's attorney has notes she took from when she interviewed Winnie over the phone. Does Patrick have to produce those notes in response to Diamond Groceries' discovery request? Explain.

No. Patrick's attorney's notes were prepared in anticipation of litigation and as such they constitute attorney work product which is not discoverable unless denial would cause Diamond Groceries unfair prejudice, undue hardship or injustice. Under these facts, Diamond Grocery has demonstrated no circumstances sufficient to overcome the qualified work product privilege. It has equal, if not greater, access to Winnie, its employee, and thus can conduct its own interviews of her as it has already done.

Pedal Around timely filed and served its answer to Patty's petition. Two weeks later, after realizing that the citation served on Pedal Around erroneously referenced another unrelated lawsuit, Pedal Around filed an exception of insufficiency of citation. Patty opposed Pedal Around's exception, arguing that the exception of insufficiency of citation had been waived. Should Pedal Around's exception be successful? Explain fully.

No. Pedal Around's exception of insufficiency of citation is a declinatory exception. Declinatory exceptions must be filed prior to or in the answer. Since Pedal Around filed its answer two weeks earlier, it has waived its declinatory exceptions.

The jury trial of this matter is scheduled to begin. During voir dire, a prospective juror says " John's Plumbing did a lousy job at my home last year, but I think I could be fair to them." What, if anything, can Adam's Plumbing do to challenge this potential juror?

One option would be to exercise a challenge for cause based on the juror having formed an opinion in the case or not otherwise being impartial. The court may reject that challenge if the juror asserts he could be fair. The court may seek to rehabilitate the juror and determine that he can be impartial. The other option would be to exercise a peremptory challenge to strike the juror. Each side gets 6 peremptory challenges for a 12-person jury and 3 peremptory challenges for a 6-person jury. No reason needs to be stated for a peremptory challenge.

Plaintiff has a money judgment rendered in her favor and against Judgment Debtor for $150,000. The judgment was rendered on March 2, 2010. The judgment has never been collected due to Judgment Debtor's limited means, but Plaintiff recently learned that Judgment Debtor got "millions of dollars" from a winning lottery ticket. Plaintiff is concerned that the judgment may soon prescribe due to the passage of 10 years unless she takes certain steps to prevent the prescription. What steps must Plaintiff take to prevent the judgment from prescribing, what, if anything, must Plaintiff file, and where it must be filed?

P may revive the judgment at any time before it prescribes which is ten years from March 2, 2010, the date is was rendered. the filing of the motion interrupts the ten year prescriptive period. The motion must include an affidabit by plaintiff stating the original judgment has not been satisfied.

Pam took Durable's deposition. Durable revealed during its deposition that Tommy is an employee of Titan Electrical LLC ("Titan"), which is a Louisiana limited liability company and one of Durable's subcontractors. Pam wants to add Titan as a defendant. What steps must Pam take to properly add Titan as a defendant to the lawsuit? Explain.

Pam must amend her petition to add Titan as a co-defendant to the suit. Since an answer has already been served, Pam must obtain leave of court to amend. Amendments are freely granted by the court unless it would prejudice Durable, which is unlikely here since it is still relatively early in the litigation. While the facts do not state whether the one year prescriptive period on Pam's tort suit has elapsed, even if it has, prescription will not prohibit Pam from adding Titan as a co-defendant because timely suit against one joint obligor in a court of competent jurisdiction and proper venue interrupts prescription against all joint obligors. Durable and Titan are joint obligors and the suit against Durable was filed in proper venue. St. Bernard Parish is the proper venue since that is the parish where the contract was executed, where the contract work was performed, where the negligence occurred and where damages were sustained.

When must Pam disclose the identity of her retained expert and provide the expert report?

Pam must disclose the identity of her retained expert and provide the expert report at least 90 days before trial.

Diamond Groceries took the necessary initial steps to avoid responding to Patrick's interrogatory regarding other slip and fall accidents. Afterward, Patrick's attorney met and conferred with Diamond Groceries' attorney to discuss Diamond Groceries' refusal to respond to the interrogatory. Diamond Groceries still refuses to respond. What steps, if any, can Patrick take to require Diamond Groceries to answer the interrogatory? Explain.

Patrick may file a motion to compel requesting the court to order Diamond Groceries to answer the interrogatory. Expenses, including attorney's fees associated with the motion, may be awarded to the prevailing party unless the court finds that the motion or opposition thereto was substantially justified or circumstances make the award of expenses unjust.

After adequate discovery, the court fixed a trial date. Patrick has now decided to file a motion for summary judgment that Diamond Groceries is solely at fault for the injuries he sustained as a result of his slip and fall incident. When must Patrick file and serve the motion and all supporting documents?

Patrick may file the motion any time after the answer is filed. The motion and all supporting documents must be filed and served at least 65 days before trial.

Patrick would like to obtain a copy of any video surveillance footage that Diamond Groceries has for its Beauregard Parish store for the day of his accident. What steps must Patrick take to obtain a copy of the surveillance footage? Explain.

Patrick should serve Diamond Groceries with a request for production of things to obtain surveillance footage. The request may specify the form in which the footage is to be produced. The request must set forth the items to be inspected describing it with reasonable particularity. Diamond Groceries would have to serve a written response within 30 days of being served with the request stating whether the inspection will be permitted or objecting to it.

Two weeks after Pedal Around served its answer, Patty obtained a copy of the police report and Whitney's statement to the police regarding the incident during discovery. Patty's attorney has spoken with Whitney about taking her deposition. Whitney indicated that she would be willing to appear voluntarily for her deposition without need of a subpoena. What steps must Patty now follow to take Whitney's deposition? Explain fully.

Patty must give reasonable notice in writing to all parties in the case (Dennis and Pedal Around). The notice must state the date, time and place for taking the deposition and the name and address of the deponent (Whitney). If the testimony is recorded by other than stenographic means, the manner of recording, preserving and filing the deposition must be designated in the notice.

Assume that expert witness reports have been exchanged and that the discovery depositions of all experts have been taken. Paul believes that Boat Pros' expert is completely unqualified to give expert testimony in the suit andthat his methodology is "junk science." What motion should Paul file to test the qualifications and opinions of Boat Pros' expert and when should it be filed? Explain fully.

Paul must file, not later than 60 days before trial, a motion for a pre-trial hearing to determine whether a Boat Pros' expert qualifies as an expert or whether his methodologies are reliable under the Code of Evidence. This is known as a Daubert motion. A contradictory hearing and ruling on the motion must be made at least 30 days before trial.

Paul wants to take the deposition of Boat Pros. What must Paul include in notice of the deposition of Boat Pros, and what must Boat Pros do in response to the notice? Explain fully.

Paul must give reasonable notice in writing to all parties in the lawsuit. This deposition notice must state the time and place for the deposition and the name of the deponent. However, if Paul does not know the identity of the Boat Pros representative to name, he can name Boat Pros as the deponent in the notice and designate with reasonable particularity the matters upon which examination is requested. Boat Pros must then designate one or more representatives who consent to testify on its behalf and may designate the matters on which each representative will testify. The designated representatives must then testify accordingly as to matters known or reasonably known to Boat Pros. This is commonly referred to as a 1442 deposition.

What steps must Paul take to have Boat Pros properly served with the lawsuit? Explain fully.

Paul must request the sheriff in the parish where service is to be made to personally serve Regina, Boat Pros' designated registered agent for service of process. This request for service has to be made within 90 days of filing the suit.

Paul entered into a long term supply contract with International Corporation. The contract in question has a complicated pricing provision that requires the monthly price to be calculated based on the weighted average price as listed in three different recognized industry publications. International Corporation has recently advised Paul that it believes the calculations previously used were in error and that a slightly different weighted calculation should now be used. Paul disagrees with International Corporation's suggested changes and seeks to bring legal action in advance of a breach of the contract that might confirm the validity of the price calculation method that has been used by both parties to date. What is the appropriate legal action, if any, that Paul should file and what kind of relief should the court provide in conjunction therewith?

Paul should file a petition for declaratory judgment asking the court to determine the rights and obligations of the parties under the contract. The declaratory judgment is a type of final judgment which likely will prempt a breach based on the disputed terms and avoid a subsequent breach of contract action.

What must Paul do to prevent an inspection of his boat and engine and when must it be done? Explain fully.

Paul would need to seek a protective order prohibiting the inspection by showing that the request is oppressive or will cause undue burden or expense. He must do so within 30 days of being served with the request.

Whitney's deposition was rescheduled for a later date and this time she appeared. During the deposition, Whitney testified that she saw Dennis lose control of his pedicab when Dennis had to maneuver around a delivery truck that ran a stop sign at a nearby intersection. Pedal Around wants to argue at trial that the delivery truck driver was at fault for causing Dennis to swerve his pedicab. Pedal Around has not previously raised in any pleading that the delivery truck driver or any other third party was at fault for Patty's alleged injuries. What steps must Pedal Around take to argue the fault of the delivery truck driver at trial? Explain fully.

Pedal Around must file a third party demand against the delivery truck driver, and or his employer, alleging the fault of the delivery driver as the cause of Patty's harm. This will enable Pedal Around to present evidence at trial establishing delivery driver's third party fault and, if successful, finding delivery driver liable to Pedal Around for all or part of the principal demand. However, incidental demands, including a third party demand, must not be barred by prescription at the time the main demand was filed and must be filed within 90 days of service of the main demand. While Pedal Around's claim against delivery driver was not prescribed on the May 9, 2022 filing date of Patty's suit, more than 90 days may have passed between the main demand filing date and learning of delivery driver's actions, in which case it would be too late to file the third party demand against delivery driver.

Patty's petition for damages, along with a citation and a set of interrogatories, was served on Pedal Around's registered agent on June 15, 2022. What is Pedal Around's deadline to respond to the interrogatories? Explain.

Pedal Around must respond or object to the interrogatories within 30 days of service. The court may allow a longer time to respond since the interrogatories were served concurrently with the petition.

The clerk's office has taken no action to process Arthur's suit so that it may be turned over to the Sheriff for service. Arthur has written the clerk two letters requesting that the clerk process the suit, but both letters have been ignored. Arthur has learned that defendant Bob is the brother of the clerk of court. Arthur concludes that any further letter requests would be futile. What step, if any, should Arthur take to request that a judge order the clerk of court to process the suit?

Petition for a writ of mandamus which will direct the clerk of court to perform his ministerial duty to process the suit. Processing suits is a non-discretionary function which the clerk of court is required by law to perform.

What are the pleadings to which the attorney's certifications apply?

Petitions, answers, written motions, and exceptions.

What type of evidence may Titan submit to support its MSJ?

Pleadings, affidavits, depositions, written stipulations, admissions, certified medical records, answers to interrogatories. Any supporting affidavits must be made by a competent affiant and on personal knowledge and based on facts admissible at trial.

Because Portland Electric sells no products to any Louisiana distributors, it wishes to contest personal jurisdiction of the Louisiana court. Its closest distributors to Louisiana are in Houston, Texas; Little Rock, Arkansas; and Biloxi, Mississippi. What pleading must Portland Electric file to contest jurisdiction of Louisiana over it in this matter, and when must it be filed?

Portland Electric should file a declinatory exception of lack of personal jurisdiction prior to or in its answer.

What is the time delay for requesting service of citation on defendants Delta Inc. and Tucker? If the request for service of citation is not timely made, what action, if any, can be taken by the defendant(s) to obtain dismissal of the action?

Service of citation must be requested on each of the named defendants within 90 days of commencement of the action. If not timely requested, Ds can file a declinatroy exception of insufficiency of service of process. If the failure to timely request service was due to bad faith, interruption of prescription will be considered never have to have occurred, which could provide a separate basis for dismissal. Another option woud be a motion for involuntary dismissal which allows for a judgement dismissing the case without prejudice as to any defendant for whom service has not been timely requested, unless good cause is shown why service could not be requested, in which case the court can order that service be made within a specified time.

A husband filed his petition for divorce from his wife. A deputy sheriff served a copy of the citation and the petition on the wife's brother at his office. The plaintiff's wife works in the same office as her brother and is living with him after leaving her husband. Was the service of process proper? Explain fully.

Service of process was improper. Personal service requires tendering process to person to be served which was not done here since the deputy served the petition and citation on P's wife's brother rather than on P's wife. Proper domiciliary service requires service on a person of suitable age and discretion at dwelling house or usual place abode of person to be served. P's wife only works in brother office, but does not live there. Therefore, proer domiciliary service was also not made.

Assume that Diamond Groceries was properly served with a citation, a copy of Patrick's petition for damages, and written interrogatories. What is the period of delay for Diamond Groceries to respond to the petition?

Since Diamond Groceries also served discovery with the petition, Patrick has 30 days after service within which to respond to the petition.

Diamond Groceries believes Patrick is exaggerating his injuries. What, if anything, can Diamond Groceries do to require Patrick to undergo further physical examination? Explain.

Since Patrick, in his claim for personal injury damages, including his alleged physical pain and suffering and mental anguish, has placed his physical and mental condition at issue in this case, Diamond Groceries may request the court issue an order compelling Patrick to submit to a physical or mental exam conducted by a medical doctor, vocational rehabilitation expert or licensed clinical psychologist of its choice. If the exam is ordered, Diamond Groceries must deliver a copy of the exam report with the doctor's conclusions if so requested by Patrick. If Patrick requests the exam report, he will have waived any past or future patient-physician privilege pertaining to his disputed conditions and will then be required to send to Diamond Groceries reports of any exams, past or future, for the same condition

Delta, Inc. has perfected its suspensive appeal, and the record has been lodged with the court of appeal. Pearl filed no post-judgment motions but wants to preserve her right to have the court of appeal consider her objections to the judgment and modify it. What must Pearl file, where should it be filed, and when should it be filed?

Since Pearl also desires that the judgment be modified, revised, or reversed in part by sustaining her objections to the judgment, she must answer the appeal within 15 days from the latter of the return day or lodging of the record of appeal.

Assume that the jury trial of this matter has begun, and the entire jury has been sworn and accepted. Before beginning of the taking of evidence, a juror says "Tangi Electric did a lousy job at my home last year, but I think I could be fair to them." What, if anything, should Tangi Electric do to have this juror removed?

Tangi Electric should excercise a challenge for cause based on the juror having formed an opinion in the case or not otherwise being impartial. Although the jury has been accepted and sworn, for cause challenges may be made up to the beginning of the taking of evidence, which has not yet occurred int his case.

What must Tangi Electric file in the record to prove service was made on Portland Electric?

Tangi Electric should file into the record an affidavit attaching proof of delivery to defendant along with date, place and manner of delivery.

When must the court render a judgment on Patrick's motion for summary judgment?

The court must enter a judgment on the motion at least 20 days before trial.

Mary wants a jury trial. What steps must Mary take to obtain a jury trial as early as possible in the litigation?

The earliest Mary could request a jury trial would be within 10 days of filing her petition since a petition is a pleading which raises issues triable by a jury, namely liability and damages caused by the negligence of defendant.

Assume for purposes of answering questions 2.6-2.7 that the Smiths failed to timely move for class certification or seek an extension of the class certification deadline. Therefore, Acme Energy and Vessel Systems successfully caused the demand for class relief to be stricken. What result does the striking of class allegations have on the lawsuit? Explain fully. Can the Smiths have the demand for class relief reinstated?

The lawsuits may continue between the Smiths as plaintiffs and Acme Energy and Vessel Systems as defendants. The stricken demand for class relief may be reinstated upon a showing of good cause by the Smiths.

A lawyer's signature on a discovery request, response, or objection constitutes a certification by the lawyer of what?

The lawyer certifies that he has read the request, response, or objection and that to the best of his knowledge, information, and belief formed after reasonable inquiry it is: o Consistent with the discovery rules and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law o Not interposed for any improper purpose such as to harass or increase unnecessary costs o Not unreasonable, unduly burdensome, or expensive given the nature of the litigation

Assume that the lawsuit has been filed in the proper venue, and a judge has been assigned to the case. Pearl has been told the judge that has been assigned to the case is very pro- company and often makes rulings in favor of defendant companies in personal injury cases. Pearl has chosen to seek recusal of the judge. Is she likely to succeed? Explain fully.

The only potential basis for recusal under these facts is that the assigned judge may be biased or prejudiced in the cause or toward or against the parties. Here, the judge's purported bias in favor of defendant companies arguably is a basis for recusal. However, Pearl is unlikely to prevail on the recusal motion if she cannot support the claim with credible, admissible evidence of specific instances of bias. The facts here are based on nothing more than speculative rumor which is both non-specific and inadmissible hearsay of the judge's favorable proclivities towards defendant companies.

Assume that Tucker's deposition has been scheduled. During Tucker's deposition, Pearl's attorney noted he had recently looked over Tucker's social media accounts and noticed Tucker did not list having any children. Pearl's attorney began asking questions about why Tucker was not married and did not have any children. Tucker's attorney instructed Tucker not to answer any of the questions. Was it proper for Tucker's attorney to instruct Tucker not to answer the questions regarding marriage and children? Why or why not?

The ony potential applicable baiss under these facts for instructing Tucker not to answer is that the question as to why he is not married and is childless seeks information that is not reasonably calculated to lead to the discovery of relevant admissible evidence.

What standards should the judge use in analyzing the jury's verdict in order to determine the availability of the options asserted by Dale?

The standard for granting the JNPV motion is after considering all the evidence in light most favorable to the non-moving party, if the facts and inferences so strongly and overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion. However, if there is substantial evidence of such quality and weight that reasonable persons might reach a contrary conclusion, the motion should be denied. The standard for granting a new trial motion is simlar to that of a JNOV except that the judge is free to evaluate the evidence without favoring either party; the judge may draw his own inferences and conclusions and evaluate the credibility of the witnesses. The court should grant the motion if the verdict on damages is clearly contrary to the law and evidence.

What are the form requirements for a testifying expert's report, and what information must be included in or with the report?

The testifying expert's report must be written and signed by the expert. The report must include the expert's opinions and reasons therefor and any data or information upon which those opinions are based. The report must also include exhibits, the expert's qualifications, their publications of the previous 10 years, their compensation for providing expert services, and all cases in the preceding four years in which they have testified as an expert.

Ernie's request has been granted, but Bob has nevertheless refused to make his home available for inspection. What, if anything, can Ernie's file with the court to obtain relief and allow it to enter Bob's property and inspect the home?

This answer assumes that Ernie filed a motion to compel entry upon Bob's property after Bob objected and that the court granted the motion to compel ordering Bob to permit Ernie's entry upon the property to inspect the home. Ernie may now move the court for sanctions against Bob for his continued refusal to allow the inspection after being ordered by the court to do so

How long and from what date does Titan have to file a motion for new trial or a motion for judgment notwithstanding the verdict?

Titan has seven days, exclusive of holidays, from the mailing of the notice of signing of judgment within which to file a motion for a new trial or JNOV motion.

Assume that Titan does not file a motion for new trial or a motion for a judgment notwithstanding the verdict. How many days and from what date does Titan have to file for a devolutive appeal?

Titan must file its devolutive appeal within 60 days of when: the time for filing a motion for a new trial or JNVO has elapsed (as discussed above); or the denial of a timely filed new trial or JNOV motion by Durable was mailed.

Assume that Titan does not file a motion for new trial or a motion for a judgment notwithstanding the verdict. How many days and from what date does Titan have to file for a suspensive appeal?

Titan must file its suspensive appeal within 30 days of when: the time for filing a motion for a new trial or JNVO has elapsed (as discussed above); or the denial of a timely filed new trial or JNOV motion by Durable was mailed.

At trial, Pam completed the presentation of her case. Titan still does not believe that Pam has shown a right to relief against it. What should Titan do to have Pam's claims against it dismissed before it presents its defense? If Titan is unsuccessful in its efforts to have Pam's claims against it dismissed, what effect does that have on Titan's being allowed to present to the jury evidence in support of its defense to Pam's claims?

Titan should move for a directed verdict ordering the jury to dismiss Pam's claims against Titan. None. Denial of a directed verdict motion does not prohibit the movant from proceeding with their case and presenting evidence to the jury in support of its defense to Pam's claims.

After adequate discovery, Titan filed a motion for summary judgment on the basis that all experts had opined that the fire was due to Durable's failure to use electrical wiring that was up to code for the type of structure it supplied, assembled, and installed for Pam. What showing must Titan make to prevail on its motion?

To prevail on its summary judgment motion, Titan must show that there is no genuine issue of material fact regarding Durable's failure to provide the proper electrical wiring and that Titan is entitled to judgment as a matter of law. The burden of proof rests with Titan which has the burden of proof on this affirmative defense (co-defendant negligence or fault) at trial.

Where can an action on a contract be brought?

Under art. 76.1 an action on a contract can be brought where the work was performed, and also can be brought in the parish where a party signed the contract.

When a lawyer signs a pleading filed for a client, what, if anything, does the lawyer certify personally?

When a lawyer signs a pleading for a client, he is certifying that he has read the pleading, and that to the best of his knowledge, information, and belief formed after a reasonable inquiry, the pleading: (1) is not being used for any improper purpose such as to harass, delay, or increase costs (2) is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law (3) has or is likely to have evidentiary support and (4) each denial is warranted by the evidence or reasonably based on lack of information or belief

A judgment has been rendered holding the bond insufficient or invalid. What, if anything, can Ernie's do to correct these defects and what consequence would result from its failure to correct these defects? Explain briefly.

Within 4 days, exclusive of holidays, of the judgement holding the bond insufficient or invalid, Ernie's may furnish a new or supplemetal bond with a new or additional surety, in which case the appeal will not be affected and cannot be set aside.

The Jefferson Parish Lawsuit proceeded to trial on November 2, 2021, and final judgment was entered in favor of Eco-Tours a week later. No appeal was taken. On January 31, 2022, Eco-Tours propounds discovery to Hy-Cycle in the East Baton Rouge Parish Lawsuit. Hy-Cycle objects on the basis that Eco- Tours obtained a final judgment in the Jefferson Parish Lawsuit. Eco-Tours asserts that Hy-Cycle waived its objections by not excepting to the Jefferson Parish Lawsuit. Is Eco-Tour correct? Are there steps Hy-Cycle can still take to avoid litigating the claims filed against it in the East Baton Rouge Parish Lawsuit? Explain fully.

Yes, Eco-Tours is correct. Hy-Cycle waived its objection by not timely filing a declinatory exception of lis pendens. Each of these law suits are identical, involving the same transactions between the same parties in the same capacities. However, lis pendens is a declinatory exception which Hy-Cycle was required to file before it answered the petitions in both suits. It is too late to do so now. Nonetheless, even though Hy-Cycle failed to timely object, the first judgment in the Jefferson Parish Lawsuit is conclusive, and as such res judicata, as to the East Baton Rouge Parish Lawsuit. Therefore, Hy-Cycle can still file a peremptory exception of res judicata in the East Baton Rouge Parish lawsuit to have that case dismissed and avoid litigating those claims. Peremptory exceptions can be pleaded at any time, even after the answer has been filed.

Griveance happened on May 7, 2021. Assume that the prescriptive period for bringing an action for personal injuries is one year. Was Patty's lawsuit filed on Monday, May 9, 2022 timely? Explain fully.

Yes, Patty's lawsuit is timely. The last day of the one year prescriptive period was May 7, 2022, a Saturday. The last day of the period is not counted if it is a legal holiday. Saturdays and Sundays are legal holidays in Louisiana. Therefore, the last day of the prescriptive period is the next day that is not a legal holiday which, in this case, is Monday, May 9, 2022

Susan, along with five other defendants, has been named a defendant in a partition lawsuit. Susan believes that she has a claim against the plaintiff for a timber trespass occurring on a different parcel of land that she solely owns. May Susan properly assert in this same lawsuit her timber trespass claim against the plaintiff? Explain fully.

Yes, Susan file reconventional demand in same suit and assert her timber pass claim against P even though it does not arise out of the same subject matter of main demand. A reconventional demand may include any claim, whether related to primary action or not.

Patty coordinated with Whitney the time and place for her deposition and gave her a copy of the final notice of deposition but did not serve a subpoena on her. Pedal Around, Dennis, Patty and their attorneys attended the deposition in person, but Whitney did not appear. Afterward, Dennis called Whitney to ask why she did not appear. Whitney said she did not appear because she really does not want to get involved and she did not think she was required to appear. Dennis is upset because he had to take off work and pay for his attorney to appear for Whitney's deposition. Is there anything Dennis can do to recover these expenses? Explain fully.

Yes. Dennis may request the court to order Patty to pay him and his attorney reasonable expenses, including attorney fees, incurred by him and his attorney in attending the deposition. Since Whitney is a non-party, she could only be compelled to attend her deposition by being served with a subpoena. Otherwise, she was not obligated to attend. Patty should have asked the court to issue Whitney a subpoena to attend her deposition which the court would have done upon being presented with proof of service of the notice of deposition

Happy Homes did not make the final payment on the subcontract between it and Ernie's. May Ernie's assert a breach of contract claim against Happy Homes in Lawsuit 1? If so, what steps must Ernie's take to assert that claim and cause Happy Homes to respond to the claim? Explain fully.

Yes. Ernie's Electrical may assert a cross-claim against Happy Homes for breach of contract assuming it is deemed to arise out of the same transaction or occurrence as the main claim. Here, the two are, arguably, transactionally related since Ernie's Electrical was providing subcontract services under the home building contract between Bob and Happy Homes.

Ernie's has properly corrected the defects in its bond. After the trial court record was lodged with the appellate court, Bob filed a motion in the trial court to tax expert witness fees to Ernie's. May the trial court hear that motion? Explain briefly.

Yes. Once the appeal record has been lodged, the trial court retains jurisdiction to handle several ministerial tasks including taxing expert witness fees.

Do Louisiana courts have personal jurisdiction over Happy Homes? Explain fully.

Yes. The presence theory of personal jurisdiction grants jurisdiction over a person or entity who is served with process while physically present within the geographical boundaries of Louisiana. Happy Homes was properly served through its designated agent for service of process and is thus subject to the personal jurisdiction of the court.

Prior to deposing Eco-Tours or its employees, Hy-Cycle would like to have Eco-Tours authenticate a copy of the 2020 Ninjango User Manual and confirm that it received a copy. May Hy-Cycle accomplish this through written discovery? If so, how? Explain fully.

Yes. There are 2 written discovery mechanisms by which Hy-Cycle can authenticate a copy of the User Manual. First, it can serve a RFP of documents with EcoTours, the Plaintiff and a party to the action, asking it to produce an authenitc copy for inspection or copying or object to the request within 30 daus after service of the request. Secondly, Hy-Cycle can serve Eco-Tours with a Request for Admissions asking it to admit or deny that it recieved an authenitc copy of the User Manual. Eco-Tours would then have 30 days after service of the request to respond or object.

Assume that Pearl has recently learned that the operator of the weigh station has moved across the state and is a six-hour drive from the courthouse in which the trial is to be held. Pearl wants to present the operator as a witness for testimony during the trial. Can the operator be compelled to testify at trial and, if so, what steps should Pearl take to compel the operator's testimony?

Yes. This witness may be subpoenaed to provide testimony at trial because he resides (and presumably works) more than 25 miles from the trial venue. Pearl must deposit with the clerk of court sufficicent funds to cover the witnesses's travel expenses in the statutorily authorized amounts and a witness fee of $25 per day.

Please identify the necessary prerequisites for the Smiths to bring their lawsuit as a class action on behalf of all class members. For each prerequisite, provide a detailed argument describing how the Smiths can meet the prerequisite based on the facts provided.

a. Numerosity: Class so numerous joinder or cumulation impracticable; b. Commonality: Common questions of law/fact common to class. c. Typicality: Claims of rep. typical of class. d. Fair and adequate: Rep. will fairly/adequately protect interest of class. e. Objectively defined: By ascertainable criteria. f. Predominating questions of law and fact.

Plaintiff claims to be the sole owner of a tract of land in Cameron Parish. Plaintiff read in a local newspaper that Defendant, who lives in Bienville Parish, has advertised to sell the land, cash only and without any warranty of title. Plaintiff filed a lawsuit against Defendant in Cameron Parish seeking to prevent any sale of the land by Defendant. What additional action should Plaintiff take, and where, to protect Plaintiff's interest in the land from future sales by Defendant?

o Since P has filed a lawsuit in a LA court affecting title to IP, P should also file a notice of pendency of action with the Recorder of Mortgages in Cameron Parish. This written notice should be signed by P or his attorney stating the court, title, docket number, filing date, and object of the demand in his lawsuit against D. This notice will give third parties notice of P's pending lawsuit.