Sanches appealed the second judgment and filed a petition for nullity. The second city court issued a second judgment on September 28, 2012, pertaining to Capital One s motion for summary judgment. Sanches filed a Petition for Devolutive Appeal, which was granted by the second city court on September 25, 2012. Sanches account and granted Capital One s summary judgment on September 10, 2012. Nevertheless, the court ultimately held that the affiants were familiar with and had reviewed the business records for Ms. The second city court took her argument into consideration although it had not been briefed. Sanches argued that the affidavits submitted by Capital One in support of its motion for summary judgment were insufficient. A hearing was held on August 14, 2012, wherein Ms. 1 Capital One filed a second motion for summary judgment or, in the alternative, to compel discovery on May 15, 2012, which Ms. Sanches timely submitted her discovery responses. Sanches to answer the outstanding discovery within 30 days. The second city court denied Capital One s motion for summary judgment, but granted the motion to compel, ordering Ms. On January 10, 2012, Capital One filed a motion for summary judgment or in the alternative a motion to compel discovery. Sanches answered the suit, but did not raise any affirmative defenses therein. (“Capital One”), filed suit against Karen Sanches on September 21, 2011, for unpaid sums on her MasterCard account, ending in 2863. Facts and Procedural History Capital One Bank (USA) N.A. Pursuant to our de novo review, we reverse. Cusimano, III CUSIMANO LAW FIRM, PLC 631 St Charles Avenue New Orleans, LA 70130 COUNSEL FOR DEFENDANT/APPELLANT REVERSED AND REMANDED JThe Appellant, Karen Sanches, seeks review of the September 10, 2012, judgment of the second city court granting summary judgment in favor of the Appellee, Capital One Bank (USA) N.A., on an open account. Causeway Blvd., Suite 630 Metairie, LA 70002 Charles V. Etienne EATON GROUP ATTORNEYS, LLC 309 North Boulevard Baton Rouge, LA 70801 COUNSEL FOR PLAINTIFF/APPELLEE Robert Angelle Rebecca Ann Rena Coman Attorney at Law 3850 N. Lombard ****** (Court composed of Judge Edwin A. 2011-328, Honorable Mary "KK" Norman, Judge ****** Judge Edwin A. SANCHES FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM SECOND CITY COURT OF NEW ORLEANS NO. 2013-CA-0003 * VERSUS COURT OF APPEAL * KAREN N. We will re-route all documents to the correct address for service.CAPITAL ONE BANK (USA), NA * NO. For example, the address 15000 Capital One Drive in Richmond is exclusively for mailing subpoenas from jurisdictions which permit mailed service (not many), and physical service cannot be made there. We often receive requests to attempt service at numerous alternate addresses. However, physical service for ALL entities in the Capital One family is accepted at the above McLean address. For example “Capital One Bank (USA), N.A.” and “Capital One, N.A.” are different entities in the Capital One family. Please note that in our experience Capital One is notoriously picky about entity names. If you need a summons, subpoena duces tecum, or other legal document promptly served on a Capital One entity, please contact Cavalier today for correct, cost-effective process service. Please note, however, that this location is closed on Fridays. Capital One entities receive records subpoenas, summonses, and other legal documents at their McLean headquarters location where they prefer to accept service. Cavalier regularly serves subpoenas and summonses on entities in the Capital One family.
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