141 So. 3d 352
La. Ct. App.2014Background
- Delta Fuel sued Jones Flying Service, Inc. for an $8,702.46 debt in 2009 and attempted service at the Joneses' Monroe address.
- Jones signed for three certified letters but did not contact Delta Fuel or satisfy the debt.
- Delta Fuel obtained a default judgment against Jones Flying Service on January 26, 2010, with notice served on February 6, 2010.
- Delta Fuel sought a judgment debtor exam; Jones ignored the orders and failed to appear at multiple contempt hearings.
- A writ of attachment-bench warrant led to Jones’s apprehension in November 2010 after he did not respond to orders or appear.
- The district court granted Delta Fuel’s special motion to strike under La. C.C.P. art. 971; Jones appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the damages claim arise from acts in a judicial proceeding? | Jones: damages stem from mistaken service and arrest unrelated to Delta's petition. | Delta: damages arise from Delta's contempt-related actions and pleadings in court. | Yes; damages arose from Delta's actions in a judicial proceeding. |
| Did Jones show a probability of success on the claim after Delta established the initial burden? | Jones cannot prevail; procedural defenses apply to the contempt-related actions. | Delta showed the claim arises from protected petition/right of access to the courts. | No; Jones failed to show probability of success; the motion to strike was proper. |
Key Cases Cited
- In re Succession of Carroll, 72 So.3d 884 (La.App.2d Cir. 2011) (special motion to strike in proceedings involving petition rights)
- Thinkstream, Inc. v. Rubin, 971 So.2d 1092 (La.App.1 Cir. 2007) (analysis of Article 971 burden-shifting framework)
- Johnson v. KTBS, Inc., 889 So.2d 329 (La.App.2d Cir. 2004) (burden-shifting in motion to strike proceedings)
- Lee v. Pennington, 830 So.2d 1037 (La.App.4th Cir. 2002) (protects rights to petition and free speech in public issues)
- Dauphine v. Carencro High School, 843 So.2d 1096 (La. 2003) (order obedience and consequences of noncompliance in contempt context)
- City of Lake Charles v. Bell, 347 So.2d 494 (La.1977) (principles regarding obedience to court orders)
- Thinkstream, Inc. v. Rubin, 971 So.2d 1092 (La.App.1 Cir. 2007) (reiteration of Article 971 applicability to pleadings)