OCEANS HEALTHCARE, L. L. C. NO. 2024 CW 1136 AND OCEANS BEHAVIORAL HOSPITAL OF GREATER NEW ORLEANS

VERSUS

COMPREHENSIVE BEHAVIORAL CARE, INC., PEOPLES HEALTH, INC., AND PEOPLES HEALTH FEBRUARY 10, 2025 NETWORK

In Re: Peoples Health, Inc. and New Orleans Regional Physician Hospital Organization, Inc. D/ B/ A Peoples Health Network, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 598633.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district court' s October 11, 2024 judgment which granted the motion for partial summary judgment filed by plaintiffs and denied the motion for summary judgment filed by defendants, Peoples Health, Inc. and New Orleans Regional Physician Hospital Organization, Inc. d/ b/ a Peoples Health Network, is reversed, in part. With regard to plaintiffs' motion for partial summary judgment, whether a mandate relationship exists is an issue of fact. American Bank & Trust v. Singleton, 2017- 0480 ( La. App. 1st Cir. 11/ 1/ 17), 233 So. 3d 730, 736. We find issues of fact precluded summary judgment, and plaintiffs' motion for partial summary judgment is denied. With regard to defendants' motion for summary judgment as to plaintiffs' claim for unjust enrichment, such a remedy is subsidiary and shall not be available if the law provides another remedy for the impoverishment. See La. Civ. Clearly, plaintiffs Code art. 2298. had a remedy against Comprehensive Behavioral Care, Inc. pursuant to the Facility Provider agreements between those parties. Whether or not a party could be successful because of another party' s bankruptcy is not a fact which should be considered. Id. at 672.

The existence of a remedy which precludes application of unjust enrichment does not connote the ability to recoup impoverishment by bringing an action against a solvent person. It merely connotes the ability to bring the action or seek the remedy. Carriere v. Bank of Louisiana, 95- 3058 ( La. 12/ 13/ 96), 702 So. 2d 648, 672, on reh' g ( Nov. 3, 1997) . Accordingly, the motion for summary judgment filed by defendants is granted in part, and plaintiffs' claim for unjust enrichment is dismissed. The writ is denied in all other respects.

ARP TPS CAC

PPEAL, FIRST CIRCUIT I C61URT OF I

D UTY CLERK OF COURT FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.