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Dhaliwal v. Dhaliwal

Court of Appeals of Louisiana, Second Circuit

February 27, 2019

Kailash K. Dhaliwal and The Succession of Manmohan S. Dhaliwal Plaintiffs-Appellees
v.
Karminderdal S. Dhaliwal and Dhillon Sookam Defendants-Appellees Robert A. Lee and Sedric E. Banks Plaintiffs-Appellees
v.
Kailash Dhaliwal, Karl Dhaliwal and Sookham Dhaliwal Defendants-Appellees

          Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana Trial Court Nos. 2011-0429, 2010-4412 and 2014-2600 Honorable Alvin R. Sharp, Judge

          NEAL LAW FIRM By: Mark J. Neal Counsel for Intervenor/ Appellant, Mahinderpal S. Dhaliwal JAY NOLEN

          HUDSON, POTTS & BERNSTEIN, L.L.P. By: Margaret H. Pruitt Counsel for Appellees, Succession of Manmohan Singh Dhaliwal and Kailash K. Dhaliwal

          DIMOS ERSKINE, LLP By: Robert L. Garner Counsel for Appellees, Karminderdal S. Dhaliwal and Dhillon Sookham Dhaliwal

          SEDRIC E. BANKS In Proper Person

          ROBERT A. LEE In Proper Person

          Before WILLIAMS, PITMAN, and COX, JJ.

          PITMAN, J.

         Appellant Mahinderpal Singh Dhaliwal appeals the trial court's granting of a motion to dismiss filed by the Succession of Manmohan Dhaliwal. For the following reasons, we affirm the judgment of the trial court.

         FACTS

         This is the third time this matter has been before this court. See Dhaliwal v. Dhaliwal, 48, 034 (La.App. 2 Cir. 9/11/13), 124 So.3d 470, writ denied, 13-2931 (La. 2/21/14), 134 So.3d 1165 ("Dhaliwal I"), and Dhaliwal v. Dhaliwal, 49, 973 (La.App. 2 Cir. 11/25/15), 184 So.3d 773, writ denied, 16-0236 (La. 4/4/16), 190 So.3d 1204 ("Dhaliwal II").

         The instant consolidated cases involve members of the Dhaliwal family. Manmohan S. Dhaliwal ("Manmohan") and his wife Kailash K. Dhaliwal ("Kailash") had two sons, Mahinderpal S. Dhaliwal ("Paul") and Karminderdal S. Dhaliwal ("Karl"). Karl is married to Dhillon Sookham Dhaliwal ("Sookham"), and their daughter is Simran Dhaliwal Emaus ("Simran"). Manmohan died intestate on June 21, 2010, and Kailash was made the administratrix of his succession (the "Succession").

         On February 9, 2011, Kailash and the Succession filed a petition against Karl and Sookham in which they claimed that Manmohan, Kailash and Karl were equal partners in a joint venture that owned multiple convenience stores. The parties filed cross-motions for summary judgment, and Karl and Sookham also filed a peremptory exception of prescription or peremption. The trial court sustained the exception, finding that the suit claiming a share of profits was not timely filed; denied Kailash and the Succession's motion for summary judgment; sustained Karl and Sookham's motion for summary judgment; and dismissed with prejudice Kailash and the Succession's claims. Kailash and the Succession appealed.

         In a September 11, 2013 opinion, this court found that this matter involved genuine issues of material fact regarding whether a joint venture existed between Manmohan, Kailash and Karl and, therefore, that summary judgment was inappropriate. See Dhaliwal I. This court reversed the judgments of the trial ...


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