Platinum City, L.L.C. v. Boudreaux
81 So. 3d 780
La. Ct. App.2011Background
- Lease of 3434 East Prien Lake Road to Platinum City for Nov 2006–Dec 2007; monthly rent $4,000 with 10% late fee, first month free; premises to be in good condition and insured; renewal option for one year if no default.
- December 2007 rent not paid; January 2008 renewal executed despite nonpayment; owner issued $8,000 check to cover Dec 2007 and Jan 2008; check later NSF.
- Notice of termination and demand to vacate sent Jan 29, 2008; five-day eviction notice contemplated under law; landlord later initiated self-help eviction on Mar 4, 2008 without a court eviction judgment.
- Plaintiff Platinum City continued occupying and operating nightclub after notice; defendant moved to terminate access and claim past-due rent and penalties; plaintiff alleged wrongful eviction and loss of equipment/profits.
- Trial court concluded for landlord on past-due rent and attorney fees; dismissed other claims including wrongful eviction; on appeal, the court reversed in part, amended in part, affirmed in part, and rendered.
- Appeal proceeded after court took judicial notice of Platinum City’s nonexistence; Williams substituted as plaintiff; issue focused on whether eviction was wrongful and related damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams was wrongfully evicted | Platinum City argues eviction was proper | Boudreaux contends no wrongful eviction occurred | Wrongful eviction found; eviction conducted without a judgment of eviction |
| Proper eviction procedure under law | Notice to vacate given and vacate period observed | Landlord complied with notice; judgment not required for self-help | Eviction failed to follow required judicial process; self-help not allowed |
| Damages for wrongful eviction | Damages sufficient to cover losses from eviction | Damages not proven with specificity | No damages awarded for wrongful eviction due to lack of specificity |
| Attorney's fees | Attorney’s fees should be awarded to landlord | Pro se Williams may not recover; adjust Fees to reflect misconduct | Attorney's fees for wrongful eviction denied; $1,750 affirmed for collection of past due rent; pro se not awarded fees; overall adjust |
| Consequences of wrongful eviction on judgment | Judgment should reflect wrongful eviction | Judgment should stand as to past-due rent | Reversed in part, amended in part, affirmed in part; overall rendered with adjusted fees |
Key Cases Cited
- Pelleteri v. Caspian Group, Inc., 851 So.2d 1230 (La.App. 4 Cir. 2003) (eviction requires proper judicial process)
- Weber v. McMillan, 285 So.2d 349 (La.App. 4 Cir.1973) (landlord may not disturb possession without process)
- Bill Kassel Farms, Inc. v. Paul, 690 So.2d 807 (La.App. 3 Cir.1996) (notice to vacate is initial eviction step; must seek eviction judgment)
- Conagra Poultry Co. v. Collingsworth, 705 So.2d 1280 (La.App. 2 Cir.1998) (de novo review for questions of law; appellate fact review when proper record)
- Gonzales v. Xerox Corp., 254 La. 182, 320 So.2d 163 (La.1959) (appellate authority to review factual and legal issues)
- Brunston v. Hoover, 945 So.2d 852 (La.App. 3 Cir. 2006) (standard for reviewing trial court errors)
- Campbell v. Lelong Trust, 327 So.2d 533 (La.App. 2 Cir.1976) (damages proof requirements in tort/breach cases)
- Lambert v. Byron, 650 So.2d 1201 (La.App. 3 Cir.1995) (pro se litigants cannot recover attorney’s fees)