99 So. 3d 1010
La. Ct. App.2012Background
- Bruzeau plaintiffs seek to annul Wells Fargo’s sheriff’s sale of their Metairie home and allege Broussard, as curator ad hoc, failed to perform due diligence in the executory process.
- Wells Fargo filed a Petition to Enforce Security Instrument; service on Bruzeau failed, leading to Broussard’s appointment.
- Plaintiffs allege Broussard’s deficient communication and notice, unsigned letter, and lack of notice attachments violated due process and impeded defense.
- Plaintiffs claim Broussard’s Curator’s Return and Note of Evidence showed missteps and inadequate notice, undermining validity of the sale.
- Trial court granted Broussard’s exceptions of no cause of action and no right of action, dismissing Broussard with prejudice.
- Appellate court reverses, finding petition states negligence and Bruzeau has right of action; remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition states a cause of action for negligence. | Bruzeau argues Broussard’s lack of diligence violated 5094. | Broussard contends 5098 precludes action unless willful. | Yes, petition states negligence. |
| Whether Broussard can be held liable under 5098 for curatorship violations. | Negligence remains actionable despite 5098. | 5098 bars unless willful violation. | No willful requirement found; negligence actionable. |
| Whether Bruzeau has a right of action against Broussard. | Bruzeau has a legal interest in the subject matter. | No/right of action required. | Bruzeau has right of action. |
| Whether the trial court erred in granting no cause/no right of action. | Petition states rights and duties of curator. | Exceptions warranted on the face of petition. | Reversed; remanded. |
Key Cases Cited
- Wingfield v. State, Dept. of Transportation and Development, 716 So.2d 164 (La.App. 1 Cir. 1998) (analysis of no right of action and standard of review on law questions)
- B-G & G Investors VI, L.L.C. v. Thibaut HG Corp., 985 So.2d 837 (La.App. 4 Cir. 2008) (no cause of action standard; face-of-pleading test)
- We The People Paralegal Services, L.L.C. v. Watley, 766 So.2d 744 (La.App. 2 Cir. 2000) (standards for no right of action; reliance on pleadings)
- Wright v. Waguespack, 836 So.2d 436 (La.App. 1 Cir. 2002) (curator negligence context; not a no-action case)