Oceans Healthcare, L.L.C. and Oceans Behavoral Hospital of Greater New Orleans v. Comprehensive Behavioral Care, Inc., Peoples Health, Inc. and Peoples Health Network

OCEANS HEALTHCARE, L. L. C. NO. 2024 CW 1136
AND OCEANS BEHAVIORAL
HOSPITAL OF GREATER NEW
ORLEANS

VERSUS

COMPREHENSIVE BEHAVIORAL
CARE, INC., PEOPLES HEALTH,
INC., AND PEOPLES HEALTH FEBRUARY 10, 2025
NETWORK

In Re: Peoples Health, Inc. and New Orleans Regional Physician
Hospital Organization, Inc. D/ B/ A Peoples Health
Network, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No. 598633.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district court' s
October 11, 2024 judgment which granted the motion for partial

summary judgment filed
by plaintiffs and denied the motion for

summary judgment filed by defendants, Peoples Health, Inc. and New
Orleans Regional Physician Hospital Organization, Inc. d/ b/ a
Peoples Health Network, is reversed, in part. With regard to
plaintiffs' motion for partial summary judgment, whether a mandate

relationship exists is an issue of fact. American Bank & Trust v.
Singleton, 2017- 0480 ( La. App. 1st Cir. 11/ 1/ 17), 233 So. 3d 730,
736. We find issues of fact precluded summary judgment, and

plaintiffs' motion
for partial summary judgment is denied. With
regard to defendants' motion for summary judgment as to plaintiffs'
claim for unjust enrichment, such a remedy is subsidiary and shall
not be available if the law provides another remedy for the
impoverishment. See La. Civ.
Clearly, plaintiffs Code art. 2298.
had a remedy against Comprehensive Behavioral Care, Inc. pursuant
to the Facility Provider agreements between those parties. Whether
or not a party could be successful because of another party' s
bankruptcy is not a fact which should be considered. Id. at 672.
The existence of a remedy which precludes application of unjust

enrichment does not connote the ability to recoup impoverishment
by bringing an action against a solvent person. It merely connotes
the ability to bring the action or seek the remedy. Carriere v.
Bank of Louisiana, 95- 3058 ( La. 12/ 13/ 96), 702 So. 2d 648, 672, on

reh' g ( Nov. 3, 1997) . Accordingly, the motion for summary judgment
filed by defendants is granted in part, and plaintiffs' claim for
unjust enrichment is dismissed. The writ is denied in all other
respects.

ARP
TPS
CAC

PPEAL, FIRST CIRCUIT
I
C61URT OF
I

D UTY CLERK OF COURT
FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First
Circuit, by special appointment of the Louisiana Supreme Court.