# Khowla Jatala v. Louisiana Behavior Analyst Board

> Louisiana Court of Appeal · June 11, 2020

URL: https://www.frixlaw.com/law-library/cases/10625377

## Case

- **Court:** Louisiana Court of Appeal
- **Decided:** June 11, 2020
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10625377

## Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KHOWLA JATALA NO. 2020 CW 0295

VERSUS

LOUISIANA BEHAVIOR ANALYST JUNE 11, 2020
BOARD

In Re: The Louisiana Behavior Analyst Board, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 682201.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. See Expert Riser Solutions, LLC v. Techcrane
International, LLC, 2018- 0612 ( La. App. 1st Cir. 12/ 28/ 18), 270
So. 3d 655, 663.

PMc
JEW

Holdridge, J., dissents and would grant the writ. I
disagree with the denial of the exception of no cause of action

and think the majority is in error in not a partial
allowing
exception of no cause of action in this case. It is true that,
prior to 1997, the cases did not allow a judgment granting only
a partial exception of no cause See
of action.
Everything on

Wheels Subaru, Inc. v. Subaru South, Inc., 616 So. 2d 1234 ( La.
1993). However, in 1997, the legislature authorized a partial

judgment that " sustains an exception in part, as to one or more
but less than all of the claims, demands, issues, or theories
against a party." La. Code Civ. P. art. 1915( B)( 1). " This
amendment ...
judgment granting a partial exception
authorizes a

of no cause
importantly,
of action;
this amendment provides

certainty as to the immediate appealability of such a judgment."
Frank L. Maraist, Louisiana Civil Law Treatise; Civil Procedure,
Vol. I, § 6. 7, pp. 172- 173 ( 2d ed. 2008). Legislation is a

solemn expression of legislative will. La. Civ. Code art. 2.
Accordingly, 1 respectfully dissent.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CL OF COURT
FOR THE COURT

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10625377. Public record. Not legal advice.