Opinion
NO. 2017 CW 0778
08-14-2018
THE STATE OF LOUISIANA, EX REL. JAMES D. "BUDDY" CALDWELL, ATTORNEY GENERAL v. MOLINA HEALTHCARE, INC.; MOLINA INFORMATION SYSTEMS, L.L.C. D/B/A MOLINA MEDICAID SOLUTIONS; PARAMAX SYSTEMS CORPORATION; AND UNISYS CORPORATION
In Re: Unisys Corporation, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631612. BEFORE: WHIPPLE, C.J., GUIDRY, McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. Under our de novo review, we find that the trial court erred in denying the exception raising the objection of no right of action as to the State of Louisiana's claims of breach of contract, fraud, negligence, and negligent misrepresentation. State v. Abbott Laboratories, Inc., 2015-1626 (La. App. 1st Cir. 10/21/16), 208 So.3d 384, reh'g denied, (Dec. 22, 2016), writs denied, 2017-0149 (La. 3/13/17), 216 So.3d 802 & 2017-0125 (La. 3/13/17), 216 So.3d 808. The State of Louisiana, itself, is not a party to any of the contracts at issue and has no claim for the breach thereof. Dennis v. Copelin, 94-2002 (La. App. 4th Cir. 2/1/96), 669 So.2d 556, 561, writ denied, 96-1012 (La. 6/21/96), 67 5 So.2d 107 9. The right belongs to the party to the contracts at issue, the Louisiana Department of Health (formerly the Department of Health and Hospitals), which is a body corporate with the power to sue and be sued. La. R.S. 36:251(A); also see Abbott Laboratories, Inc., 208 So.3d 384. The State of Louisiana has no interest in judicially enforcing the rights asserted in the petition. Jenkins v. City of Baton Rouge, 2014-1235 (La. App. 1st Cir. 3/9/15), 166 So.3d 1032, 1035. Accordingly, the trial court's judgment denying the defendant's exception of no right of action is reversed, the exception of no right of action is sustained, and the matter is dismissed, with prejudice.
JMM
MRT
WRC
JHG
Whipple, C.J., dissents and would deny the writ on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT