Gerard J. Bourgeois, Deborah Bourgeois And The Magner Trust v. Christopher W. Lopez And Northpointe Business Park, Llc

Supreme Court of Louisiana
February 28, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
GERARD J. BOURGEOIS, DEBORAH
BOURGEOIS AND THE MAGNER
TRUST
VS.
CHRISTOPHER W. LOPEZ AND
NORTHPOINTE BUSINESS PARK, LLC
No. 2024-CC-01378
_ _
_ _ _ _
IN
RE: Gerard J. Bourgeois - Applicant Plaintiff; Deborah Bourgeois - Applicant
Plaintiff; The Magner Trust - Applicant Plaintiff; Gerard J. Bourgeois, et al. -
Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of Jefferson, 24th
Judicial District Court Number(s) 851- 392, Court of Appeal, Fifth Circuit,
Number(s) 24-C-374;
_ _ _ _ _ _
February 28, 2025
Writ application granted. See per curiam.
JTK
JLW
JDH
WJC
JBM
PDG
JMG
02/28/2025 "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-CC-01378
GERARD J. BOURGEOIS, DEBORAH BOURGEOIS,
AND THE MAGNER TRUST
VS.
CHRISTOPHER W. LOPEZ, NORTHPOINTE BUSINESS PARK, LLC
On Supervisory Writ to the Twenty-Fourth Judicial District Court, Parish of
Jefferson
PER CURIAM
Granted in part. Although Gerard Bourgeois transferred his interest in
Northpointe Business Park, LLC (“Northpointe”), La. R.S. 12:1332(A)(2) provides
“[e]xcept as otherwise provided in the articles of organization or a written operating
agreement . . . [u]ntil the assignee of an interest in a limited liability company
becomes a member, the assignor shall continue to be a member .” [emphasis
added]. There is no provision in the Northpointe operating agreement which
changes this default rule. Therefore, Ge rard Bourgeois retains his management
rights and powers, unless and until the assignee becomes a member. See AOK Prop.
Invs., LLC v. Boudreaux, 20-237 (La. App. 5 Cir. 12/9/20), 308 So. 3d 1214, 1217,
writ denied, 2021-00002 (La. 3/2/21), 311 So. 3d 1051; Channelside Servs., LLC v.
Chrysochoos Grp., Inc., 2015-0064 (La. App. 4 Cir. 5/13/16), 194 So. 3d 751, 759,
writ denied, 2016-1079 (La. 10/12/16), 208 So. 3d 373.
Accordingly, the writ is granted in part. The October 1, 2024 judgment of the
court of appeal is reversed insofar as it finds Gerard Bourgeois lacks a right of action
to inspect the financial records of Northpointe. In all other respects, the writ is
denied. The case is remanded to the district court for further proceedings.