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RSI Building Products, LLC v. Advantage Roofing & Construction of Louisiana, Inc.

Court of Appeals of Louisiana, Second Circuit

May 23, 2018

RSI BUILDING PRODUCTS, LLC Plaintiff-Appellee
v.
ADVANTAGE ROOFING & CONSTRUCTION OF LOUISIANA, INC. and JAMES E. STRAWBRIDGE, INDIVIDUALLY AND AS GUARANTOR Defendants-Appellants

          Appealed from the Third Judicial District Court for the Parish of Union, Louisiana Trial Court No. 45, 472 Honorable Thomas W. Rogers, Judge

          CARLETON HEBERT & WITTENBRINK, LLC By: Stephen C. Carleton Victor R. Loraso, III Carmen T. Hebert Counsel for Appellants.

          BARHAM & WARNER, L.L.C. By: Vicki C. Warner Counsel for Appellee.

          Before PITMAN, STONE, and COX, JJ.

          PITMAN, J.

         Defendants-Appellants Advantage Roofing & Construction of Louisiana, Inc. ("Advantage II"), and James E. Strawbridge appeal the trial court's judgment in favor of Plaintiff-Appellee RSI Building Products, LLC ("RSI"). For the following reasons, we affirm.

         FACTS

         On February 5, 2013, RSI filed a petition against Advantage II and Strawbridge, individually and as guarantor, alleging that they signed a "Customer Credit Application and Personal Guarantee" (the "Application") with RSI, but refused to pay the balance of $36, 353.41. RSI requested 18% interest, court costs and attorney fees.

         On March 14, 2013, Advantage II and Strawbridge filed a peremptory exception of no cause of action. They stated that RSI entered into the Application with Advantage Roofing and Construction, Inc. ("Advantage I"), which is a different company from Advantage II. At the time RSI and Advantage I signed the Application, Advantage II did not exist. They argued that the petition did not state a cause of action against Strawbridge because he signed the Application on behalf of Advantage I, as a personal guarantor, not on behalf of Advantage II.

         On May 20, 2013, RSI amended its petition to add Advantage I as a defendant.

         On July 3, 2013, Advantage II and Strawbridge filed a peremptory exception of no cause of action. They argued that RSI cannot utilize the Application that was executed on behalf of a distinct corporate entity, i.e., Advantage I, to back door personal and corporate liability for a different company, i.e., Advantage II.

         On August 26, 2013, RSI filed an opposition to the peremptory exception of no cause of action.

         On January 2, 2014, Advantage II and Strawbridge filed an answer and reconventional demand. They denied the allegations made in RSI's petition and asserted affirmative defenses. In the reconventional demand, they stated that RSI provided materials to Advantage II and that the materials were damaged in transit. They requested that damages from RSI be awarded as a complete offset to any amounts awarded to RSI on its original demand and as an additional monetary recovery against RSI in an amount to be determined at trial.

         On January 21, 2014, RSI filed an answer and denied the allegations ...


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