ANGELA C. BAJOIE A/K/A ANGELA LAWS BAJOIE
JP MORGAN CHASE BANK, N.A.
appeal from the Nineteenth Judicial District Court In and for
the Parish of East Baton Rouge State of Louisiana Docket
Number 612, 486 Honorable Wilson E. Fields, Judge Presiding
C. Bajoie, Baton Rouge, LA Plaintiff/Appellant In Proper
A. Lambert, Jr., Katie L, Dysart, Camalla M. Kimbrough
Counsel for Defendants/Appellees Deutsche Bank Trust Company
BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.
seeks review of a judgment dismissing her claim for damages
relative to executory process proceedings in which her home
was seized and sold at a sheriffs sale. For the following
reasons, we reverse.
AND PROCEDURAL HISTORY
25, 2001, Angela C. Bajoie, also known as Angela Laws Bajoie,
executed a mortgage note for the repayment of a loan from
Mortgage Lenders Network USA, Inc., in the amount of $48,
750.00. In connection with the note, she executed a mortgage
on her property located at 6562 Djuanna Drive in Baton Rouge,
Louisiana, to secure the note. Mortgage Lenders Network USA
later assigned the note and mortgage to Bankers Trust Company
by notarial endorsement. Thereafter, on July 6, 2007, Bankers
Trust Company, by then known as Deutsche Bank Trust Company
Americas ("Deutsche Bank"),  assigned the note
to JPMorgan Chase Bank, N.A. ("JPMorgan Chase").
thereafter, on July 17, 2007, the law firm of Dean Morris,
L.L.P. filed a petition to enforce security interest by
executory process in the name of JPMorgan Chase in the
Nineteenth Judicial District Court under docket number 557,
287. In response, Ms. Bajoie instituted Chapter 13 bankruptcy
proceedings in the United States Bankruptcy Court for the
Middle District of Louisiana. On November 29, 2011, a motion
was filed by the bankruptcy trustee to convert the Chapter 13
proceedings, because Ms. Bajoie failed to make payments
according to the terms of the bankruptcy plan. Then, on March
9, 2012, the bankruptcy court dismissed Ms. Bajoie's
Chapter 13 case.
the dismissal of Ms. Bajoie's Chapter 13 case, the
executory process proceedings under docket number 557, 287
were re-instituted, in response to which, Ms. Bajoie filed a
motion for emergency injunction in another division of the
Nineteenth Judicial District Court, under docket number 612,
486, to stay a sheriffs sale of her property scheduled for
May 30, 2012. Judge Wilson E. Fields stayed the sale.
Subsequently, Ms. Bajoie filed a petition claiming damages
against JPMorgan Chase under the same docket number, 612,
486, and later added claims against ASC, Wells Fargo Bank
N.A.,  Dean Morris, L.L.P., and Deutshce Bank,
for damages allegedly sustained as a result of the executory
10, 2014, JPMorgan Chase filed a motion for summary judgment
under docket number 612, 486, asserting that it never filed
nor authorized the filing of the executory process
proceedings initiated against Ms. Bajoie, and therefore,
should not be held liable for any alleged deficiencies in the
proceedings. JPMorgan Chase requested that its motion be
granted to dismiss all of Ms. Bajoie's claims against it
with prejudice. In support of its motion for summary
judgment, JPMorgan Chase attached the affidavit of Lindsay D.
House, assistant secretary for JPMorgan Chase, wherein she
stated that JPMorgan Chase did not authorize the filing of
the petition for executory process nor did it hire Dean
Morris, L.L.P. to file such an action. JPMorgan Chase also
attached a copy of a "Corporate Assignment of
Mortgage" dated June 7, 2012, but signed on July 12,
2012, wherein JPMorgan Chase assigned the June 25, 2001
mortgage executed by Ms. Bajoie to Deutsche
trial court denied the motion for summary judgment based on a
finding that genuine issues of material fact existed
precluding the grant of summary judgment. On supervisory
review, however, this court granted JPMorgan Chase's writ
application, reversed the judgment of the trial court, and
entered judgment in favor of JPMorgan Chase dismissing Ms.
Bajoie's claims against it with prejudice. Bajoie v.
JPMorgan Chase Bank, N.A., 14-1321 (La.App. 1st Cir.
10/21/14)(unpublished writ action). The Louisiana Supreme
Court subsequently denied a writ application filed by Ms.
Bajoie seeking review of that writ decision. Bajoie v.
JPMorgan Chase Bank, N.A., 14-2611 (La. 3/6/15), 160
meantime, in the executory process proceedings instituted
under docket number 557, 287, the trial court granted an
ex-parte motion to substitute Deutsche Bank as proper party
plaintiff on February 22, 2013. Then, on October 1, 2014, Ms.
Bajoie's property was sold at a sheriffs sale. Following
the sale, Ms. Bajoie was served with a notice for eviction
dated March 24, 2015, ordering her to vacate the property by
April 10, 2015. In response to the eviction action, Ms.
Bajoie filed a "Petition for a Temporary Restraining
Order Suspending the Eviction and/or Preliminary Injunction
and/or Permanent Injunction and/or for the Return of the
Property and to Annul the Sheriff Sale" on June 23,
2015. Judge William A. Morvant summarily denied the relief
requested in the petition, stating:
[T]he request for a TRO is made eight months after the
sheriffs sale in this executory proceeding was held and the
executory proceeding was completed. It is an out of time
attack on the sale and mover has shown no basis in law or in
fact for the relief requested. The court also questions
whether the relief sought regarding suspension of any pending
eviction proceedings should have been instituted in a
separate suit so as not to violate random allotment.
Moreover, mover has not shown any basis for irreparable
injury nor has mover complied [with] CCP 3603(A)(2).
the damages action under docket 612, 486, on March 9, 2016,
Wells Fargo and Deutsche Bank filed a dilatory exception
urging the objections of vagueness and ambiguity and a
peremptory exception urging the objections of res
judicata and no cause of action. On May 23, 2016, Dean
Morris, L.L.C. filed exceptions raising the same objections
as raised by Wells Fargo and Deutsche Bank. The trial court
scheduled those exceptions to be heard on the same date and
in the same hearing as Wells Fargo and Deutsche Bank's
exceptions. Following a hearing on June 27, 2016,
which Ms. Bajoie was represented by counsel, the trial court
rendered judgment sustaining the exception raising the
objection of res judicata. In a July 25, 2016
judgment, the trial court decreed that it was granting the
peremptory exception raising the objection of res