Ronata Llopis v. Allstate Property and Casualty Insurance Company (in its capacity as uninsured/underinsured motorist carrier) and USAA Casualty Insurance Company (in its capacity as uninsured/underinsured motorist carrier)
Ronata Llopis v. Allstate Property and Casualty Insurance Company (in its capacity as uninsured/underinsured motorist carrier) and USAA Casualty Insurance Company (in its capacity as uninsured/underinsured motorist carrier), No. 2024CW0015 (La. Ct. App. 1st Cir. Mar. 5, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Roberts v. Murphy Oil Corp. 577 So. 2d 308
- Brasseaux v. LOUISIANA STATE RACING COM'N 580 So. 2d 670
- 304 So. 3d 867 not in our corpus
- Cole v. Cole 264 So. 3d 537
- 365 So. 3d 544 not in our corpus
- 313 So. 3d 1249 not in our corpus
- Allstate Insurance Co. v. Mohamadian 35 So. 3d 1118
Opinion text
RONATA LLOPIS NO. 2024 CW 0015
VERSUS PAGE 1 OF 2
ALLSTATE PROPERTY AND
CASUALTY INSURANCE COMPANY
IN ITS CAPACITY AS
UNINSURED/ UNDERINSURED
MOTORIST CARRIER) AND USAA
CASUALTY INSURANCE COMPANY
IN ITS CAPACITY AS
UNINSURED/ UNDERINSURED
MOTORIST CARRIER) MARCH 5, 2024
In Re: Ronata Llopis, applying for writs, 22nd
supervisory
Judicial District Court, Parish of St. Tammany, No.
202211387.
BEFORE: MCCLENDON, CHUTZ, HESTER, MILLER, AND STROMBERG, JJ.
WRIT DENIED. In response to, and less than a week after,
an ex parte order Plaintiff leave file its
granting to First
Supplemental and
Amending Petition for Damages, USAA filed a
Motion to Object and Alternative Motion to Strike First
Supplemental and Amending Petition for Damages." A motion to
strike is an appropriate vehicle to address an " insufficient
demand." See La. Code Civ. P. art. 964. The demand was
insufficient insofar as it was filed without the consent of the
opposing party and without the contradictory motion required by
La. Code Civ. P. art. 1155, and a motion to is
strike the
appropriate vehicle to the See
challenge
filing. Roberts v.
Murphy Oil Corp., 577 So. 2d 308, 313 ( La. App. 4th Cir.), writs
denied, 580 So. 2d 670, 673 ( La. 1991); see also Succession
ion of
Serpas, 2016- 257, 2016- 258, 2016- 259 ( La. 5th Cir.
App.
9/ 28/ 16), 2016 WL 5404415, * 4- 5 ( unpublished). A decision as to
whether to grant leave to supplement a is
pleading within the
sound discretion of the trial court and shall not be disturbed
absent an abuse of that discretion. Palowsky v. Cork, 2019- 0148
La. App. 1st Cir. 5/ 20/ 20), 304 So. 3d 867, 875. We find the
trial court did not abuse its discretion in reconsidering its ex
parte order and denying Plaintiff leave to file its First
Supplemental and Amending Petition for Damages.
WRC
SMM
TPS
McClendon, J., dissents. A motion to strike is a means of
cleaning up the pleadings, not a means
of eliminating causes of
action or substantive allegations. Cole v. Cole, 2018- 0523 ( La.
App. lst Cir. 9/ 21/ 18) , 264 So. 3d 537, 544. Motions to strike
are viewed with disfavor and are infrequently granted. Id. The
proper procedural vehicle to seek review of the trial court' s
interlocutory ruling granting Plaintiff leave of court to file
an amended and supplemental petition was an application for
supervisory writ. See Waiters v. deVille, 2020- 0556 ( La. App.
NO. 2024 CW 0015
PAGE 2 OF 2
4th Cir. 12/ 30/ 20) , 365 So. 3d 544, writ denied, 2021- 00283 ( La.
4/ 13/ 21), 313 So. 3d 1249; see also Allstate Ins. Co. V.
Mohamadian, 2009- 1126 ( La. App. 1st Cir. 2/ 17/ 10), 35 So. 3d
1118, 1120. Accordingly, I would deny USAA' s motion to strike,
as it is procedurally improper and USAA failed to file a timely
writ application to seek review of the trial court' s ruling
granting Plaintiff leave of court to file an amended and
supplemental petition.
Hester, J., dissents and would grant the writ application.
COURT OF APPEAL, FIRST CIRCUIT
DUTY CLERK OF COURT
FOR THE COURT