FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-01825,
DIVISION "E" Honorable Clare Jupiter, Judge
Joaquin Shepherd SHEPHERD LAW FIRM COUNSEL FOR
B. Landry THE LAW OFFICES OF JOSPEH B. LANDRY, APLC Michael
G. Gaffney Christopher M. Gaffney GAFFNEY & GAFFNEY,
COUNSEL FOR DEFENDANTS/APPELLANTS
composed of Chief Judge James F. McKay, III, Judge Edwin A.
Lombard, Judge Roland L. Belsome
L. BELSOME JUDGE.
Appellants, Mona's Restaurant, Karim Taha representative
of Mona's Restaurant, Nihad Monem representative of
Mona's on Elysian Fields, and Nihad Monem, challenge the
trial court's denial of their Exception of Insufficiency
of Service of Process and the granting of a Petition of
Eviction in favor of HR Milan, LLC. For the following
reasons, we affirm.
24, 2005, business partners, Karim Taha and Nihad Monem,
executed a lease with HR Milan (Milan) to operate a
restaurant at 1120 South Carrollton Avenue in New Orleans.
Initially, the partners opened as Mona's Restaurant. That
restaurant was an expansion for Mr.Taha and Mr. Monem's
corporation, Mona's on Elysian Fields. At the time the
lease was executed, Mona's on Elysian Fields was named as
lessee. Mr. Taha executed the lease as a representative of
Mona's Restaurant and Mr. Monem signed as an in solido
obligor and guarantor.
lease contained renewal options for five-year periods. The
lease for Mona's Restaurant was renewed on June 7, 2010,
and again on February 27, 2015. Both renewals adopted the
terms and conditions of the original lease; and were signed
by Mr. Taha as representative of Mona's Restaurant.
January of 2017, Mona's Restaurant failed to pay its
monthly rent. A notice of default was sent by Milan on
January 12, 2017. Mona's Restaurant did not pay
February's rent. Milan sent a notice to vacate the
property on February 6, 2017.
February 13, 2013, a Petition for Concursus was filed by Mr.
Taha in Civil District Court for the Parish of Orleans
seeking leave of court to deposit rent payments into the
registry of the court. The petition asserted that the monies
deposited may be owed in all or in part to Milan, Mr. Monem,
and/or the City of New Orleans. Thereafter, Milan filed its
Petition for Eviction on February 24, 2017. Mona's
Restaurant and Mr. Taha filed an Exception of Insufficiency
of Service of Process and an Answer to the Petition for
Eviction. In response to the Petition for Consursus,
Milan filed an Exception of No Cause of Action and an Answer.
Court held a hearing on April 2, 2017 to hear the Exception
of Insufficiency of Service of Process and the Petition for
Eviction. After hearing the testimony of Mr. Monem, the trial
court denied the exception. After hearing additional
testimony, the trial court granted the eviction. This appeal