220 So. 3d 154
La. Ct. App.2017Background
- Indulge (lessor) leased commercial premises to Island Grill (lessee) from June 1, 2014 to May 31, 2017; two guarantors signed separately.
- Island Grill stopped paying rent after September 2014; Indulge sent a Notice to Vacate (Nov. 6, 2014).
- December 2014 text messages show Island Grill’s rep found windows boarded; Indulge said there had been a break‑in.
- Indulge took possession (without a formal eviction), cleaned out remaining inventory, and relet the premises to a third party on Feb. 6, 2015.
- Indulge sued for unpaid rent and sought summary judgment; Island Grill filed a verified reconventional demand alleging illegal eviction.
- Trial court granted Indulge’s unopposed summary judgment (Island Grill’s counsel missed the hearing and no opposition was filed), awarded damages and dismissed Island Grill’s reconventional demand; appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument (Indulge) | Defendant's Argument (Island Grill) | Held |
|---|---|---|---|
| Whether summary judgment was proper on Indulge’s claim for unpaid rent | Island Grill abandoned the premises; under the abandonment exception Indulge lawfully retook and reletted the property and is entitled to net rent judgment | Indulge unlawfully locked out/evicted Island Grill; factual dispute exists (texts, inventory left, allegation of confiscation) | Reversed: summary judgment improper because genuine factual disputes exist and deemed admissions could not be the sole basis where defendant controverted abandonment in a verified pleading |
| Whether Indulge’s evidence established abandonment as a matter of law | Relied on affidavit and unanswered requests for admission to prove voluntary vacation/cessation of business | Affidavit contained ultimate facts, lacked personal knowledge; Island Grill’s reconventional demand controverted key facts | Reversed: affidavit insufficient (ultimate facts/personal‑knowledge problem) and deemed admissions cannot automatically preclude trial when defendant has controverted the matters |
| Whether unanswered requests for admission could support default summary judgment | Failure to timely respond = deemed admissions establishing abandonment and cessation of business | Deemed admissions are too drastic where the record contains a verified denial/controversion; Voisin principles require substantial justice | Reversed: deemed admissions not dispositive here because Island Grill’s verified reconventional demand controverted the central facts; cannot rely solely on unanswered RFAs to preclude merits presentation |
| Whether factual issues about intent and reasonableness can be resolved on summary judgment | Indulge argued no material factual disputes and mover entitled to judgment | Island Grill argued intent to abandon and reasonableness of Indulge’s self‑help are factual and subjective | Reversed: issues of intent and reasonableness are factual and preclude summary judgment in this record |
Key Cases Cited
- Richard v. Broussard, 495 So.2d 1291 (La. 1986) (lessor may relet when lessee abandons; limited self‑help recognized)
- Duhon v. Briley, 117 So.3d 253 (La. App. 4 Cir. 2013) (self‑help exempt from eviction procedure if lessee unjustifiably abandons)
- Voisin v. Luke, 191 So.2d 503 (La. 1966) (requests for admission are a time‑saving device not intended to preclude presentation of the entire case on the merits)
- Hoskins v. Caplis, 431 So.2d 846 (La. App. 2 Cir. 1983) (denying that deemed admissions should decide a case when contested in the record)
- Citron v. Gentilly Carnival Club, Inc., 165 So.3d 304 (La. App. 4 Cir. 2015) (standard of review and summary judgment criteria)