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. ( 2023 )

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 In 23-C-271 unpublished writ dispositions, this Court has held that claims for injunctive relief allowed under the NHRBR are not heritable and may only be brought by residents.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 :