Drema Cambre and Sandtrell Broden Individually and on Behalf of All Others Similarly Situated Versus Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement and Priority Management Group, L.L.C.

DREMA CAMBRE AND SANDTRELL BRODEN NO. 23-C-271
INDIVIDUALLY AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED FIFTH CIRCUIT

VERSUS COURT OF APPEAL

RIVERLANDS HOME GROUP, L.L.C. D/B/A STATE OF LOUISIANA
CHATEAU ST. JAMES REHAB AND
RETIREMENT AND PRIORITY
MANAGEMENT GROUP, L.L.C.

June 27, 2023

Linda Wiseman
First Deputy Clerk

IN RE RIVERLANDS HOME GROUP, L.L.C. D/B/A CHATEAU ST. JAMES REHAB AND RETIREMENT
AND PRIORITY MANAGEMENT GROUP, L.L.C.

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT,
PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEVEN C. TUREAU,
DIVISION "D", NUMBER 40,840 C/W 40,841

Panel composed of Judges Fredericka Homberg Wicker,
Jude G. Gravois, and Robert A. Chaisson

WRIT GRANTED IN PART; DENIED IN PART

Relators, Riverlands Home Groups, LLC D/B/A Chateau St. James Rehab

and Retirement and Priority Management Group, L.L.C. seek supervisory review

of a judgment of the trial court denying their peremptory exception of no cause of

action and dilatory exceptions of prematurity and vagueness. In their exception of

no cause of action, relators contend that the trial court erred in overruling the

exception by allowing the plaintiffs, Drema Cambre and Sandtrell Broden, who are

not and have never been, residents of the nursing home, to bring claims under the

Nursing Home Residents Bill of Rights (NHRBR), La. R.S. 40:2010.6, et seq. In

23-C-271

unpublished writ dispositions, this Court has held that claims for injunctive relief

allowed under the NHRBR are not heritable and may only be brought by residents.

Knight v. Jefferson Healthcare Center, L.L.C., 21-736 (La. App. 5 Cir. 2/10/22);

Heinrich v. Maison De’Ville Nursing Home of Harvey, LLC, 21-240 (La. App. 5

Cir. 6/30/21).

On the showing made, we find that plaintiffs do not belong to the class of

persons with the recognized right to bring claims for injunctive relief under La.

R.S. 40:2010.6, et seq. We find that an exception of no right of action is the

appropriate exception for the consideration of the relators’ arguments in this regard

and we therefore make such finding pursuant to an exception of no right of action,

which this Court may recognize pursuant to La. C.C.P. art. 927(B). Furthermore,

pursuant to La. C.C.P. art. 934, we remand this matter to the trial court with

instructions that the trial court allow plaintiffs sixty (60) days from the date of this

disposition to amend their petition to remove this objection, if they are able to do

so, failure of which shall result in the dismissal of plaintiffs’ claims for injunctive

relief pursuant to the NHRBR.

In all other respects, on the showing made, relators’ writ application is

denied.

Gretna, Louisiana, this 27th day of June, 2023.

RAC
FHW
JGG

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 06/27/2023 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:

23-C-271
E-NOTIFIED
23rd Judicial District Court (Clerk)
Honorable Steven C. Tureau (DISTRICT JUDGE)
Jimmy R. Faircloth (Relator)
Mary K. Price (Relator)
Jordan M. Jeansonne (Respondent)
Stephen M. Huber (Respondent)

MAILED
Christopher T. Whelen (Respondent) Matthew M. Coman (Respondent) Ronald E. Raney (Relator)
Attoreny at Law Attorney at Law Attorney at Law
1100 Poydras Street 400 Poydras Street 8670 Box Road
Suie 2200 Suite 2045 Building A
New Orleans, LA 70163 New Orleans, LA 70130 Shreveport, LA 71106

SENDER: COMf'LETL THIS SCCTION

• Complete Items 1, 2, and 3.
• Print your name and address on the reverse
so that we can rehm the card to you.
• Attach this card to the back of the mallplece, o. Date of Delveiy
or on the front If space permits. 7. Jl.3
1. Artlc:le Addressed to: o. 1s delil.'el}' acldr8ss different mn 11em 11 a Yes
If YES, enter deliYeiy address below: C No
Matthew M. Coman
400 Poydras Street
Suite 2045
New Orleans, LA 70130
23-C-271 06-27-23

1111111111111111111111111111111111111111111111
9590 9402 2434 6249 3635 12

PS Fonn 3811, J~ 2015 PSN 7~-()()()-9053 Domestic Relum Reoeipt :

- - ....
SENDER: COMPLETE THIS SECTION COMPLI· TE THIS sn; (l(JN ON or:uvuiy
• mplete items 1, 2, and 3.
• nt your name and address on the nwerse
that we can l9tum the card to you.
• this card to the back of the mallplece,
on the front if space permits.
1. cle Addressed to:
Ronald E. Raney
8670 Box Road
Building A
Shreveport, LA 71106
23-C-271 06-27-23

PS Form 3811, July 2015 PSN 7530-02--000-9053 Domestic Return Receipt :