Angela D. King v. State Plumbing Board of Louisiana, Ashley E. Jones and Ashleigh W. Cambre

STATE OF LOU 11ISIANA
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COURT OF APPEAL, F1,IRST CIRCUIT

ANGELA D. KING NO. 2022 CW 1311

VERSUS

STATE PLUMBING BOARD OF
LOUISIANA, ASHLEY E. JONES
AND ASHLEIGH W. CAMBRE APRIL 24, 2023

In Re: State Plumbing Board of Louisiana, Ashley E. Jones,
and Ashleigh W. Cambre, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 645443.

BEFORE: GUIDRY, C.J., WOLFE AND MILLE~, JJ.

WRIT GRANTED IN PART; DENI:¢D IN PART. In a summary
judgment, the burden of proof rests with the mover.
Nevertheless, if the mover will not bear the burden of proof at
trial on the issue that is before the court on the motion for
summary judgment, the mover's burden', on the motion does not
require him to negate all essential elements of the adverse
party's claim, action, or defense, but rather to point out to
the court the absence of factual s~ pport for one or more
elements essential to the adverse party's claim, action, or
defense. The burden is on the adverse ' party to produce factual
support sufficient to establish the existence of a genuine issue
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of material fact or that the mover is I not entitled to judgment
as a matter of law. La. Code Civ. P. art. 966(D). Pursuant to a
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de novo review, we find defendants pointed out the absence of
factual support that defendant, Ashleigh Cambre, had any
involvement in any action that was instituted against plaintiff,
Angela King, which became the basis , of Ms. King's malicious
prosecution and intentional inflictiofl of emotional distress
claims. Ms. King offered no evidence in',opposition to the motion
for summary judgment to show that a genuine issue of material
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fact exists as to whether Ashleigh Cambre had any involvement in
any action instituted against Ms. King. 1 Because Ms. King failed
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to provide sufficient factual support to establish the existence
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of a genuine issue of material fact or that Ashleigh Cambre is
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not entitled to judgment as a matter of 1law, summary judgment is
appropriate. Accordingly, we grant this writ in part, reverse
the trial court's November 2, 2022 judgment in part, and grant
summary judgment in favor of defendant, Ashleigh Cambre, and
dismiss her from this litigation. In all other respects, the
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writ is denied.

JMG
EW
SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT