Opinion
NO. 2017 CW 0177
03-06-2017
RECALL YENNI INC. v. STATE OF LOUISIANA THROUGH ATTORNEY GENERAL, JEFF LANDRY
In Re: State of Louisiana, through Attorney General Jeff Landry, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 652732. BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. STAY DENIED. We grant the writ application as to that portion of the judgment of the trial court dated December 8, 2016, which denied the defendant's peremptory exception of no cause of action as to the plaintiff's petition for declaratory judgment against the State of Louisiana and the Attorney General. We find that the plaintiff has stated a cause of action against the only named defendant, the State of Louisiana. The State was sued through the Attorney General, who was required to be served with a copy of the proceeding and who has the discretion to represent or supervise the representation of the interests of the state in this action. La. C.C.P. art. 1880; La. R.S. 49:257(C). Accordingly, the judgment is amended to reflect that the defendant's peremptory exception of no cause of action is denied as to the plaintiff's petition for declaratory judgment against the State of Louisiana through the Attorney General. In all other respects, we deny the writ application.
WJC
GH
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT