owner inquiry in Louisiana

2012In Cartwright v. Chrysler Corp., 255 La. 597, 603-04 , 232 So.2d 285, 287 (La.1970), the supreme court set forth the often-cited standard for determining constructive knowledge in a contra non valen-tem case: Whatever is notice enough to excite attention and put the owner on his guard and call for inquiry is tantamount to knowledge or notice of every thing to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription.

2002As the Supreme Court explained in ..., the language in Cartwright v. Chrysler Corp., [ 255 La. 597 , 232 So.2d 285 (1970)], that "... whatever is notice enough to excite attention and put the owner on his guard and call for inquiry is tantamount to knowledge or notice of everything to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription", is an incomplete definition of the kind of notice that will start the running of prescription.

1961The applicable law is concisely set forth in Knapp v. Jefferson, Plaquemines Drainage Dist., 224 La. 105 , 68 So.2d 774, 778 , in which the Court held: “In the jurisprudence of this state it is well settled and established that, where a tax sale is made under an assessment in the name of the owner and an error is made in the description of the land intended to be assessed, the tax sale under such assessment is valid if, notwithstanding the error in description, the land can be reasonably identified by the assessment or description as found in. the tax deed, or if the description therein furnis

1961The applicable law is concisely set forth in Knapp v. Jefferson, Plaquemines Drainage Dist., 224 La. 105 , 68 So.2d 774, 778 , in which the Court held: “In the jurisprudence of this state it is well settled and established that, where a tax sale is made under an assessment in the name of the owner and an error is made in the description of the land intended to be assessed, the tax sale under such assessment is valid if, notwithstanding the error in description, the land can be reasonably identified by the assessment or description as found in. the tax deed, or if the description therein furnis

2016Hibernia National Bank v. Belleville Historic Development, L.L.C., 01-0657, p. 7 (La.App. 4 Cir. 3/27/02), 815 So.2d 301, 305 .

2011Technical defects in the notice should not defeat the claim as long as the notice is adequate to serve the purposes intended.’ Id.

1987Accord, Yarbrough v. Louisiana Cement Co., Inc., 370 So.2d 602 (La.App. 4th Cir.1979); Duhon v. Saloom, 323 So.2d 202 .

1976Duhon v. Saloom, supra , and the cases therein cited.

1940The Second Circuit Court of Appeal, in •the case of Central Lumber Co., Inc. v. Douglas, et al., 12 La.App. 680 , 127 So. 43, 45 , in dealing with a similar provision under the building statute, stated: “As stated, however, the statute does not provide that the affidavit shall be made by the claimant, and must contemplate that it may be made by another; neither does the statute provide what shall be the form or substance in which the claim of lien or privilege shall be drafted, and we assume that the only object to be attained is'notice to the person who is sought to be held personally respons

1940The Second Circuit Court of Appeal, in •the case of Central Lumber Co., Inc. v. Douglas, et al., 12 La.App. 680 , 127 So. 43, 45 , in dealing with a similar provision under the building statute, stated: “As stated, however, the statute does not provide that the affidavit shall be made by the claimant, and must contemplate that it may be made by another; neither does the statute provide what shall be the form or substance in which the claim of lien or privilege shall be drafted, and we assume that the only object to be attained is'notice to the person who is sought to be held personally respons

1980Young v. Clement, 367 So.2d 828 (La.1979); Henson v. St.

1979In the case of Cart-wright v. Chrysler Corporation, 255 La. 598 , 232 So.2d 285 (La.1970) our Supreme Court stated as follows the rule as to what is sufficient notice to the plaintiff to commence the running of prescription: "Whatever is notice enough to excite attention and put the owner on his guard and call for inquiry is tantamount to knowledge or notice of every thing to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription.5" Young v. Clement, supra, is similar in some respects to the pr

1962Mayer v. Ford, La.App., 12 So.2d 618 ; Young v. International Paper Co., 179 La. 803 , 155 So. 231 .

1961App., 12 So.2d 618, 619 .

2019App. 2 Cir. 9/30/15), 180 So.3d 437, 442 , the Second Circuit, noting that a towed vehicle was sold without notice to the owner in violation of the Act, held that the towing defendant violated the Louisiana Unfair Trade Practices Act, La.

2016R.S. 9:4822 G, the purpose of filing a lien affidavit “is to give notice to the owner (and contractor) of the existence of the claim and to give notice to persons who may deal with the owner that a privilege is claimed on the property,.. .Technical defects in the notice should not defeat the claim as long as the notice is adequate to serve the purposes intended.” Jefferson Door Co., Inc. v. Cragmar Construction, L.L.C., 11-1122, p. 5 (La.App. 4 Cir. 1/25/12), 81 So.3d 1001, 1004 . | RBecause the PWA is in derogation of general contract law, it must be strictly construed.

2015Simms Hardin Company, LLC , 12-469 at p. 12, 119 So.3d at 65-66 .

1993It provides: "The CONTRACTOR agrees to protect, indemnify and hold the OWNER free and harmless from and against any and all claims, liens, demands, and causes of action of every kind and character, including the amounts of judgments, penalties, interest, court costs and legal fees incurred by the OWNER in defense of same arising in favor of governmental agencies or third parties ( including employees of the CONTRACTOR or subcontractor ) on account of taxes, claims, liens, debts, personal injuries, death, or damages to rented equipment or other property, and without limitation by enumeration, a

1988In Cartwright v. Chrysler Corporation, 255 La. 597 , 232 So.2d 285, 287 (1970), the Supreme Court, speaking of constructive knowledge in contra non valentem cases, said: “Whatever is notice enough to excite attention and put the owner on his guard and call for inquiry is tantamount to knowledge or notice of everything to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription.” In a footnote in Griffin v. Kinberger, 507 So.2d 821 (La.1987), the Supreme Court stated that subsequent decisions had

1988NOTES [1] La.R.S. 9:4823(A)(2) provides in pertinent part: A privilege given by R.S. 9:4801, a claim against the owner and the privilege securing it granted by R.S. 9:4802, ... is extinguished if: (2) The claimant or holder of the privilege does not institute an action against the owner for the enforcement of the claim or privilege within one year after the expiration of the time given by R.S. 9:4822 for filing the statement of claim or privilege to preserve it. [2] Abry Brothers, 162 So.2d at 348 , specifically dealt with La.R.S. 9:4812, which has recently been changed.

1987Thrasher v. Leggett, 373 So.2d 494 (La.1979).

1986The trial court found plaintiff was not the owner of the claim for the value of minerals produced from the unleased land before he acquired title to the land and this conclusion is supported by LSA-R.S. 31:6 2 and LSA-R.S. 31:7. 3 See also Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940).

1986The trial court found plaintiff was not the owner of the claim for the value of minerals produced from the unleased land before he acquired title to the land and this conclusion is supported by LSA-R.S. 31:6 2 and LSA-R.S. 31:7. 3 See also Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940).

1986A situation analagous to the present case existed in Lee v. Equitable Life Assurance Society of the United States, 391 So.2d 37 (La.App. 3rd Cir.1980).

1981Brown v. State, Through Department of Correction, 354 So.2d 633 (La.App. 1st Cir., 1977).

1980Second, in Chenevert v. Louisiana State Department of Highways, 345 So.2d 960 (La.App. 4th Cir. 1977) this court was not presented with the precise question of the three year prescription under R.S. 13:5111, but, in considering whether the ten year prescription of C.C.

1978In Cartwright v. Chrysler Corporation, 255 La. 598 , 232 So.2d 285 (1970), the court stated constructive knowledge to be: ". . . whatever is notice enough to excite attention and put the owner on his guard and call for inquiry is tantamount to knowledge or notice of everything to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry, is sufficient to start the running of prescription." 347 So.2d at 61 It is undisputed the parents were aware of Dr. Riechman's failure to diagnose meningitis on January 4, 1975.

1976Lucas v. Commercial Insurance Co., supra ; Steel v. Aetna Life and Casualty Co., supra ; Hunter v. Sisters of Charity, supra ; Vanguard Underwriters Insurance Co. v. Ray's Plumbing Co., Inc., 312 So.2d 111 (La.App., 3rd Cir. 1975).

1976Lucas v. Commercial Insurance Co., supra ; Steel v. Aetna Life and Casualty Co., supra ; Hunter v. Sisters of Charity, supra ; Vanguard Underwriters Insurance Co. v. Ray's Plumbing Co., Inc., 312 So.2d 111 (La.App., 3rd Cir. 1975).

1975In that case, the court stated: "Whatever is notice enough to excite attention and put the owner on his guard and call inquiry is tantamount to knowledge or notice of everything to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription." That court relied on National Park Bank v. Concordia Land & Timber Co., 159 La. 86 , 105 So. 234 (1925), where we find similar language.

1975In that case, the court stated: "Whatever is notice enough to excite attention and put the owner on his guard and call inquiry is tantamount to knowledge or notice of everything to which inquiry may lead and such information or knowledge as ought to reasonably put the owner on inquiry is sufficient to start the running of prescription." That court relied on National Park Bank v. Concordia Land & Timber Co., 159 La. 86 , 105 So. 234 (1925), where we find similar language.

1970However, efforts to locate this person at the time of trial were fruitless. [3] One witness stated that the officer was playing the pinball machine, which he denies. [4] Officer Spreen testified that there were burned or spent matches in the vehicle and another officer (Standige, of the Accident Investigation Division) who inspected the vehicle shortly after the fire, stated that he observed an open box of safety matches floating in the water but said he did not remember seeing burned or used matches. [5] Nowhere in the record is there any testimony that the officers were seeking the belonging

1970However, efforts to locate this person at the time of trial were fruitless. [3] One witness stated that the officer was playing the pinball machine, which he denies. [4] Officer Spreen testified that there were burned or spent matches in the vehicle and another officer (Standige, of the Accident Investigation Division) who inspected the vehicle shortly after the fire, stated that he observed an open box of safety matches floating in the water but said he did not remember seeing burned or used matches. [5] Nowhere in the record is there any testimony that the officers were seeking the belonging