Pedro Alvarez Versus Tommy Lee's II Auto Repair, LLC

PEDRO ALVAREZ NO. 21-C-16

VERSUS FIFTH CIRCUIT

TOMMY LEE'S II AUTO REPAIR, LLC COURT OF APPEAL

STATE OF LOUISIANA

March 31, 2021

Nancy F. Vega
Chief Deputy Clerk

IN RE PEDRO ALVAREZ

APPLYING FOR SUPERVISORY WRIT FROM THE SECOND PARISH COURT, PARISH OF
JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
ROY M. CASCIO, DIVISION "A", NUMBER 129-883

Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT GRANTED

Relator, Pedro Alvarez, seeks review of Second Parish Court’s November 10,
2020 ruling granting Tommy Lee’s II Auto Repair, LLC’s exception of no right of
action. According to the writ application and attachments, Mr. Alvarez sent
interrogatories to Nelson Cantrelle, Tommy Lee’s attorney. Mr. Cantrelle filed an
exception of no right of action relative to the interrogatories, asserting that the
interrogatories were improperly directed to him because he is not a party in this
matter. Mr. Alvarez filed a motion to compel answers to the interrogatories against
Tommy Lee’s, which the court denied.

The exception of no right of action is a peremptory exception, the function of
which is to have an action declared legally nonexistent or barred by law and tends
to dismiss or defeat the action. La. C.C.P. arts. 923 and 927. An exception of no
right of action assumes the petition states a valid cause of action and questions
whether the plaintiff has a legal interest in the subject matter of the litigation. Krebs,
Lasalle, Lemieux Consultants, Inc. v. G.E.C., Inc., 16-24 (La. App. 5 Cir. 7/27/16),
197 So.3d 829, 831. The exception of no right of action serves to question whether
the plaintiff in the particular case is a member of the class of person that has a legal
interest in the subject matter of the litigation. Id.

Because the purpose of the exception of no right of action is to defeat an action
and is procedurally limited to the purpose stated above, not to object to discovery,
we find the parish court erred in granting the exception of no right of action as to the

21-C-16

interrogatories. We therefore grant this writ, vacate the ruling on the exception of
no right of action, and remand this matter for further proceedings.1

Gretna, Louisiana, this 31st day of March, 2021.

SJW
MEJ
JJM

1 The motion to compel actually deals with Mr. Alvarez’s right to obtain answers to interrogatories, but
relator has not raised the denial of that motion as an assignment of error or as an issue before this Court.
As a result, we cannot address the denial of that motion. We note, however, that relator/petitioner’s
interrogatories are mistakenly directed in the prayer to “this Petitioner, through counsel,” and not to the
defendant or Tommy Lee’s II Auto Repair, LLC, specifically. It appears that the issue could be resolved by
simply redirecting the interrogatories specifically to Tommy Lee’s II Auto Repair, LLC, through counsel.
2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 03/31/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

21-C-16
E-NOTIFIED
2nd Parish Court (Clerk)
Honorable Roy M. Cascio (DISTRICT JUDGE)
Honorable Sharlayne Jackson Prevost (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Pedro Alvarez (Relator) Nelson J. Cantrelle, Jr. (Respondent)
In Proper Person Attorney at Law
1237 Cohen Street 310 Weyer Street
Marrero, LA 70072 Gretna, LA 70053