Elvia Solorzano-Robinson individually and on behalf of Jasmine Robinson v. PV Holding Corp.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ELVIA SOLORZANO-ROBINSON NO. 2025 CW 0344
INDIVIDUALLY AND ON BEHALF
OF JASMINE ROBINSON

VERSUS

PV HOLDING CORP., BUDGET
RENT A CAR SYSTEM, INC.,
AVIS BUDGET CAR RENTAL, LLC,
ALBERT DICKEY, AND
PROGRESSIVE SECURITY
INSURANCE COMPANY

JUNE 05, 2025

In Re: Albert Dickey, PV Holding Corp., Avis Budget Car Rental,
LLC, Budget Rent-A-Car System, Inc., Chubb Group of
Insurance Companies and ACE Property and Casualty
Insurance Company, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
721403.

BEFORE : PENZATO, WOLFE, MILLER, EDWARDS, AND FIELDS, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction
Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878
(La. 1981) (per curiam), are not met.

SMM
BDE
WEF

Penzato and Wolfe, JJ., dissent. When a party raises a motion
that must be proven, it is that party’s burden to present evidence
establishing the claims made therein. Landis Const. Co. L.L.C v.
State, 2015-1167 (La. App. list Cir. 2/29/16), 199 So.3d 1, 2.
Evidence not properly and officially offered and introduced cannot
be considered, even if it is physically placed in the record.
Documents attached to memoranda do not constitute evidence and
cannot be considered. Denoux v. Vessel Mgmt. Services, Inc., 2007-
2143 (La. 5/21/08), 983 So.2d 84, 88. While documents were attached
to the memoranda, the transcript from the hearing on the motions
reflects that no evidence was properly and officially offered and
introduced at the hearing. Therefore, we would reverse the trial
court’s pre-trial rulings assigned as error in this writ as they
lacked evidentiary support.

~COURT OF APPEAL, FIRST CIRCUIT

Ana! Sf kL
ERK OF COURT

FOR THE COURT