Opinion
NO. 2019 CW 1540
05-12-2020
KENNETH H. HOOKS, III AND LINDI HOOKS v. BERKSHIRE HATHAWAY AUTOMOTIVE D/B/A VANDERGRIFF ACURA
In Re: Artex Automotive Sales II, LLC d/b/a Vandergriff Acura, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682112. BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT DENIED.
JEW
GH
McClendon, J., concurs in part and dissents in part. It is not disputed that the parties signed the Purchase Agreement dated April 13, 2019 containing the Arbitration Clause, which indicates that the parties presumptively agreed to arbitrate any disputes. Jasper Contractors, Inc. v. E-Claim.com, LLC, 2011-0978 (La. App. 1st Cir. 5/4/12), 94 So.3d 123, 130 n.7. Plaintiffs do not challenge the arbitration clause itself; rather, the challenges asserted by plaintiffs are directed to the contract as a whole. Such challenges to the contract as a whole must go to arbitration. Jasper Contractors, 94 So.3d at 133 (quoting Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 449, 126 S. Ct. 1204, 1210, 163 L.Ed.2d 1038 (2006)). It cannot be said with positive assurance that the Arbitration Clause in this case is not susceptible of an interpretation that would cover the dispute at issue. Aguillard v. Auction Mgmt. Corp., 2004-2804 (La. 6/29/05), 908 So.2d 1, 18. Accordingly, I would reverse the portion of the trial court's judgment dated October 31, 2019 denying the dilatory exception pleading the objection of prematurity filed by defendant, Artex Automotive Sales II, LLC d/b/a Vandergriff Acura, and stay the trial court proceedings pending arbitration of these matters in accordance with the terms of the Arbitration Clause contained in the Purchase Agreement signed by the parties on April 13, 2019. In all other respects, I would deny the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT