Khowla Jatala v. Louisiana Behavior Analyst Board

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KHOWLA JATALA NO. 2020 CW 0295

VERSUS

LOUISIANA BEHAVIOR ANALYST JUNE 11, 2020
BOARD

In Re: The Louisiana Behavior Analyst Board, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 682201.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. See Expert Riser Solutions, LLC v. Techcrane
International, LLC, 2018- 0612 ( La. App. 1st Cir. 12/ 28/ 18), 270
So. 3d 655, 663.

PMc
JEW

Holdridge, J., dissents and would grant the writ. I
disagree with the denial of the exception of no cause of action

and think the majority is in error in not a partial
allowing
exception of no cause of action in this case. It is true that,
prior to 1997, the cases did not allow a judgment granting only
a partial exception of no cause See
of action.
Everything on

Wheels Subaru, Inc. v. Subaru South, Inc., 616 So. 2d 1234 ( La.
1993). However, in 1997, the legislature authorized a partial

judgment that " sustains an exception in part, as to one or more
but less than all of the claims, demands, issues, or theories
against a party." La. Code Civ. P. art. 1915( B)( 1). " This
amendment ...
judgment granting a partial exception
authorizes a

of no cause
importantly,
of action;
this amendment provides

certainty as to the immediate appealability of such a judgment."
Frank L. Maraist, Louisiana Civil Law Treatise; Civil Procedure,
Vol. I, § 6. 7, pp. 172- 173 ( 2d ed. 2008). Legislation is a

solemn expression of legislative will. La. Civ. Code art. 2.
Accordingly, 1 respectfully dissent.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CL OF COURT
FOR THE COURT