Nanette Noland v. Town & Country Hotel, Inc., Destination Hotels and Resorts LLC, Lowe Enterprises, Inc., and ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NANETTE NOLAND NO. 2021 CW 0588

VERSUS

TOWN & COUNTRY HOTEL, INC.,
DESTINATION HOTELS AND
RESORTS LLC, LOWE

ENTERPRISES, INC., AND ABC
AUGUST 16, 2021
INSURANCE COMPANY, DEF
INSURANCE COMPANY, AND XYZ
INSURANCE COMPANY

In Re: Hotel Circle Property, LLC, DH San Diego Management,
LLC, Destination Hotels and Resorts, LLC, and

Destination New Orleans Management, Inc., applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 659763.

BEFORE: MCDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The portion of the
March 30, 2021 judgment that denied the portion of Defendants'
motion for partial summary judgment which requested a finding
that California law applies to all of the claims asserted by
Plaintiff against Defendants is reversed. Pursuant to La. Civ.
Code art. 3544( 2)( a), California law is applicable because
Plaintiff' s injury and the conduct that allegedly caused it
occurred in and stemmed from conduct that occurred in
California. Accordingly, the motion for partial summary
judgment filed by Defendants is hereby granted in part, only
insofar as this court finds that California law applies to the
causes of action and damages asserted by Plaintiff herein. The
writ application is denied in all other respects.

Jim!
WIL
EW

COURT OF APPEAL, FIRST CIRCUIT

Jai— DEPUTY CERK OF COURT
FOR THE COURT