CAMBRIE CELESTE, LLC AND CAMBRIE CELESTE COMMERCIAL TENANT, LLC
STARBOARD MANAGEMENT, LLC, F.I.N.S. CONSTRUCTION, LLC, CAMBRIE CELESTE DEVELOPER, LLC, ROBERT ARMBRUSTER AND NICOLE ARMBRUSTER
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2012-01997,
DIVISION "F" Honorable Christopher J. Bruno, Judge
U. Quinn Justin E. Alsterberg QUINN ALSTERBERG, LLC COUNSEL
L. Herman Jacob D. Young Meredith E. Chehardy CHEHARDY
SHERMAN WILLIAMS One Galleria Boulevard COUNSEL FOR
composed of Judge Roland L. Belsome, Judge Daniel L. Dysart,
Judge Paula A. Brown)
L. BELSOME JUDGE
appeal stems from an eviction and subsequent damages judgment
rendered against Starboard Management Company, LLC, as a
result of its failure to pay rent. On appeal, Defendants and
owners of Starboard, Robert and Nicole Armbruster, seek
review of the trial court's judgment finding them
personally liable for the damages judgment against Starboard.
For the following reasons, we affirm.
AND PROCEDURAL HISTORY
March 1, 2012, Plaintiffs, Cambrie Celeste LLC and Cambrie
Celeste Commercial Tenant, LLC (CCCT), filed a Petition for
Eviction and for Damages for Breach of Lease against numerous
defendants: Starboard, Robert and Nicole Armbruster, F.I.N.S
Construction, LLC, and Cambrie Celeste Developer, LLC. In
response, Defendants filed an answer and reconventional
demand. In October of 2013, the trial court ultimately
rendered a judgment evicting Starboard and placing Plaintiffs
in possession of the leased property located at 621 Celeste
Street, in New Orleans.
contempt hearing was held as a result of Starboard's
repeated failure to provide discovery responses, the trial
court dismissed Starboard's affirmative defenses and
prohibited it from raising any new affirmative defenses.
Later, on November 14, 2014, Plaintiffs filed a motion for
summary judgment as to damages. In response, Starboard filed
a motion for reconsideration or reinstatement of its
affirmative defenses and reconventional demand. In addition,
on December 24, 2014, Robert Armbruster signed an affidavit
to dissolve Starboard. It was filed with the Louisiana
Secretary of State's office on December 29, 2014.
a hearing on July 27, 2016, the trial court denied
Starboard's motion for rehearing on the affirmative
defenses as untimely and rendered summary judgment in favor
of the Plaintiffs in the amount of $1, 614, 941.69 against
all Defendants. The Defendants filed a suspensive appeal.
the pendency of the appeal, Starboard file a petition for
bankruptcy in U.S. Bankruptcy Court for the Eastern District
of Louisiana. On December 16, 2016, Starboard filed a
motion to reinstate in order to proceed in bankruptcy court.
On January 13, 2017, the court issued an order to reinstate
Starboard; however, it was not filed with the Secretary of
State at that time.
November 6, 2017, this Court upheld the damages judgment
against Starboard but reversed the judgment as to all other
defendants since Starboard was the only defendant prohibited
from using its affirmative defenses. Then, on December 7, 2018,
Plaintiffs filed a motion to enforce personal liability
against Defendants, Robert and Nicole Armbruster, for
Starboard's debts in connection with the damages
judgment, pursuant to La. R.S. 12:1335.1.
response, on January 17, 2019, Starboard submitted the
bankruptcy court's reinstatement order to the Secretary
of State's office. On the same day, the Louisiana
Secretary of State reinstated Starboard. After a hearing
on February 8, 2019, the trial court granted the
Plaintiffs' motion to enforce personal liability against
the Armbrusters for Starboard's July 26, 2016 damages
judgment. This appeal followed. The February 8, 2019 judgment was
later amended pursuant to this Court's order to include
the proper decretal language.