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LLC v. Watercolors Unit 6, LLC

Court of Appeals of Louisiana, First Circuit

June 2, 2017

IT'S GOLDEN, LLC
v.
WATERCOLORS UNIT 6, LLC AND MICHAEL POLITO

         On Appeal from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana No. 648094 Honorable Wilson E. Fields, Judge Presiding

          Mitchell J. Hoffman Michael R. Allweiss New Orleans, Louisiana Counsel for Plaintiff/Appellant It's Golden, LLC

          R. Loren Kleinpeter Baton Rouge, Louisiana Counsel for Defendants/ Appellees Watercolors Unit 6, LLC and Michael Polito

          BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.

          McCLENDON, J.

         Plaintiff, an alleged assignee of a member's interest in a limited liability company, seeks review of the trial court judgment that granted the defendants' exception raising the objection of prematurity. Plaintiff had petitioned the court to determine and award the fair market value of the member's interest. For the reasons that follow, we reverse and remand.

         FACTS AND PROCEDURAL HISTORY

         It's Golden, LLC (hereinafter "Golden") filed a petition alleging that it was the assignee of the member interest of Julie U. Quinn in Watercolors Unit 6, LLC. (R. 2) Golden named Watercolors and its manager, Michael Polito, as defendants. Golden alleged that Ms. Quinn, through an e-mail sent to Mr. Polito on March 28, 2016, withdrew as a member from Watercolors effective April 29, 2016. (R. 2, 7) Golden requested the court to fix and award it the fair market value of Ms. Quinn's interest in Watercolors. (R. 3)

         In response, Watercolors and Mr. Polito (collectively "Watercolors") filed a dilatory exception raising the objection of prematurity, asserting that the petition was premature based on Ms. Quinn's and/or Golden's failure, in accordance with LSA-R.S. 12:1325, to provide written notice of withdrawal to Watercolors at its registered office located at 344 Third Street in Baton Rouge, Louisiana. (R. 4)

         Golden opposed Watercolors' exception, urging that the e-mail sent to Mr. Polito's e-mail address was sufficient to meet the requisite notice requirement.

         After argument, the trial court granted Watercolors' exception of prematurity. The trial court signed a judgment on August 25, 2016, granting the exception and dismissing Golden's claims without prejudice.[1]

         Golden has appealed, assigning the following as error:

a. The delivery of [the] withdrawal notice requirement of La. Rev. Stat. 12:1325(B) does not apply.
b. Even if La. Rev. Stat. 12:1325(B) does apply, It's Golden complied with the delivery ...

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