Opinion
NO. 2016 CW 0784
09-06-2016
RED ROCK ADVENTURE SPORTS, LLC, DOUGLAS L. FOVAL AND CHRISTY K. FOVAL v. IDEAL SOFTWARE SYSTEMS, INC. AND DAVID GOLDMAN
In Re: Ideal Software Systems, Inc. and David Goldman, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 644799. BEFORE: PETTIGREW, McDONALD AND DRAKE, JJ.
WRIT GRANTED. The ruling dated May 12, 2016, which denied defendants' exception is reversed insofar as it denied Mr. David Goldman's exception raising the objection of lack of personal jurisdiction. Plaintiffs, Red Rock Adventure Sports, LLC, Douglas Foval and Christy Foval, have failed to establish that Mr. Goldman had minimum contacts with the forum such that it purposefully availed itself of the privilege of conducting activities within the forum. Ruckstuhl v. Owens Corning Fiberglas Corp., 98-1126 (La. 4/13/99), 731 So.2d 881, cert. denied, 528 U.S. 1019, 120 S.Ct. 526, 145 L.Ed.2d 407 (1999). The matter is remanded to the district court for further proceedings in accordance with La. Code Civ. P. art. 932. The judgment sustaining the exception shall afford Plaintiffs the opportunity to remove the grounds of the objection by amendment of the petition within a period of time designated by the district court.
JMM
EGD
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT