Gordon-Karen Properties, LLC v. Paradigm Investment Group, LLC and HLaR, LLC

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CORDON - KAREN PROPERTIES, LLC NO. 2020 CW 1141

VERSUS PAGE 1 of 2

PARADIGM INVESTMENT GROUP, FEBRUARY 02, 2021
LLC AND HLAR, LLC

In Re: Paradigm Investment Group, LLC, applying for
supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 2018- 15534.

BEFORE: McDONALD, McCLENDON, THERIOT, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. We find the trial court erred in denying
Paradigm Investment Group, LLC' s motion to vacate the court' s

previous judgment due to the fact that there are genuine issues
of material fact and the fact that the defendant lacked the

opportunity for adequate discovery prior to the granting of the
motion for summary judgment. Accordingly, we grant this writ

application, reverse the trial court' s November 9, 2020 judgment
denying Paradigm Investment Group, LLC' s motion to vacate its
previous liability judgment, and grant same, vacating the trim.
court' s October 14, 2019 judgment. Nothing herein precludes the

filing of a new motion for summary judgment if all of the
requirements of La. Code Civ. P. art. 965 are met.

GH
AHP

McClendon, J., concurs. When the words of a contract are

clear and explicit and lead to no absurd consequences, no

further interpretation may be made in search of the intent of

the parties. La. Civ. Code art. 2046. Moreover, each provision

in a contract must be interpreted in light of the other

provisions so that each is given the meaning suggested
by the
contract as a whole. La. Civ. Code art. 2050. I find that the
assignment clause within the lease agreement at issue in this
matter provided for several instances wherein the tenant,
Paradigm Investment Group, LLC, could assign the lease without

its landlord' s, Gordon -Karen Properties, LLC, consent. One of

those instances, as outlined in the assignment clause, was to an
Approved Franchisee." If Paradigm Investment Group, LLC
assigned its interest in the lease agreement in writing to an

Approved Franchisee" the lease agreement provided that Paradigm
Investment Group, LLC would be relieved of liability under the
lease as of the date of the assignment. To be considered an

Approved Franchisee" the contract required a party to be an

approved Hardee' s franchisee with a greater or equal to net

worth as the current tenant, ( Paradigm Investment Group, LLC).
Although there appears to be no question as to the status of

Paradigm Investment Group, LLC' s assignee, HLaR, LLC, as a

Hardee' s franchisee at the time of the assignment, new evidence

has been discovered of HLaR, LLC' s net
worth being greater than
that of Paradigm Investment Group, LLC' s on the date of the
assignment, which
directly impacts whether Paradigm Investment
Group, LLC may be held liable under the lease provisions.

Accordingly, I concur.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2020 CW 1141

PAGE 2 of 2

McDonald and Theriot, JJ., dissent and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

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EPUTY kLERK OF COURT
FOR THE COURT