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Legal Memorandum: Improper Venue Defense in LA

Issue: In what instances is a claim of improper venue in Louisiana a defense in a civil action?

Area of Law: Litigation & Procedure
Keywords: Improper Venue; Defense
Jurisdiction: Louisiana
Cited Cases: None
Cited Statutes: La. Code Civil Procedure article 82A
Date: 02/01/2013

In In re Cat Island Club, LLC, 94 So. 3d 75, 80 (La. App. 3 Cir. 2012), the court stated that “[a] member [of an LLC] shall have no interest in limited liability company property.  Our jurisprudence has interpreted this to mean that individuals cannot assert property claims as members of an LLC where the disputed property interests are the property of the separate legal entity [i.e. the LLC].”  Id.  (citing L.S.A.-R.S. 12:1329).

La. Code Civil Procedure article 82A provides:

Except as otherwise provided in this Article, an action to partition community property and to settle the claims between the parties arising from either a matrimonial regime or from co-ownership of former community property shall be brought either as an incident of the action which would result in the termination of the community property regime or as a separate action in the parish where the judgment terminating the community property regime was rendered.

(emphasis added). 

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