Nanette Noland v. Town & Country Hotel, Inc., Destination Hotels and Resorts LLC, Lowe Enterprises, Inc., and ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NANETTE NOLAND NO. 2021 CW 0588 VERSUS

TOWN & COUNTRY HOTEL, INC.,

DESTINATION HOTELS AND

RESORTS LLC, LOWE

ENTERPRISES, INC., AND ABC

AUGUST 16, 2021 INSURANCE COMPANY, DEF

INSURANCE COMPANY, AND XYZ

INSURANCE COMPANY

In Re: Hotel Circle Property, LLC, DH San Diego Management, LLC, Destination Hotels and Resorts, LLC, and Destination New Orleans Management, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 659763.

BEFORE: MCDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The portion of the March 30, 2021 judgment that denied the portion of Defendants' motion for partial summary judgment which requested a finding that California law applies to all of the claims asserted by Plaintiff against Defendants is reversed. Pursuant to La. Civ. Code art. 3544( 2)( a), California law is applicable because Plaintiff' s injury and the conduct that allegedly caused it occurred in and stemmed from conduct that occurred in California. Accordingly, the motion for partial summary judgment filed by Defendants is hereby granted in part, only insofar as this court finds that California law applies to the causes of action and damages asserted by Plaintiff herein. The writ application is denied in all other respects.

Jim!

WIL

EW

COURT OF APPEAL, FIRST CIRCUIT

Jai— DEPUTY CERK OF COURT

FOR THE COURT