Burks v. Hogan

Appealed from the Monroe City Court for the Parish of Ouachita, Louisiana Trial Court No. 2022-CV-01574 Honorable Tammy Deon Lee, Judge

SHIRLEY BURKS In Proper Person Plaintiff-Appellee

ALI MOGHIMI In Proper Person, Defendant-Appellant

Before STEPHENS, THOMPSON, and HUNTER, JJ.

HUNTER, J.

Defendant, Ali Moghimi, appeals a trial court judgment in favor of plaintiff, Shirley Burks, finding him liable to plaintiff and awarding $1,627.45 in special damages and $2,500 in general damages. For the following reasons, we reverse the trial court's judgment.

FACTS

In July 2022, plaintiff, Shirley Burks, directed her son to take her 2006 BMW 750Li to a repair shop located at 2111 Louisville Avenue in Monroe. According to the invoice/repair order provided to plaintiff, the name of the repair shop was Twin City Motors, Inc. ("Twin City Motors"); however, according to the credit/debit card receipt, the shop's name was "European Service."

Prior to having her son drop off the car at Twin City Motors, plaintiff had spoken with the service manager and reported the vehicle's air conditioner was "blowing hot air," the vehicle was emitting "white smoke" and would randomly shut off, and the brake light would not disengage. Plaintiff also reported her vehicle was covered under two third-party vehicle repair warranties issued by Car Shield and Endurance.^[1] Plaintiff was told Twin City Motors accepted both warranties. However, she later discovered the diagnostic fee was considered maintenance and was not covered under the warranty.

After examining the vehicle, the mechanic noted the vehicle had a broken AC drive belt, leaking valves, and it needed a fuel induction flush,

new spark plugs, and "clean throttle body." The mechanic also observed the brake light would not go off, and he "cleared" the code to disengage the brake light. Plaintiff was charged $282.45 for the diagnostic check, labor, supplies, and taxes.^[2]

Plaintiff protested the charge, and according to her, the service manager told her the vehicle would not be released to her until she paid the fees.^[3] Plaintiff paid the amount using her bank/debit card; however, she later directed her bank to "stop payment" on the charges. Ultimately, the bank reinstated the payment after it received documents to disprove a "fraudulent" charge.

On September 6, 2022, plaintiff, acting in proper person, filed a fill-in-the-blanks form petition in Monroe City Court. She named as defendants Wayne Hogan (Manager), Jahangir Jahangiri Nejad (agent), and "Twin Cities Motor." She alleged she handed Hogan her debit card to pay the diagnostic fee, believing the fee would be $25-$50. However, she later learned she had been improperly charged $282.45, which she did not believe she owed "for something he wrote on paper." Plaintiff also claimed Hogan forged her son's signature on the repair order,^[4] and she asserted Hogan should "go to jail."

Plaintiff later amended the petition to name as defendants Gilmer Hingle, the comptroller for Twin City Motors, and Wayne Hogan. Plaintiff prayed for a judgment "finding Mr. Hogan wrong . . . after he forged by son [sic] name on these papers. I want Mr. Hogan arrested." Plaintiff also stated, "Mr. Hingle is barred"; however, she did not make any specific allegations against him. ^[5] Plaintiff requested service on Hingle and Hogan.

Hogan, in proper person, filed a dilatory exception of vagueness. At the hearing on the exception, Hogan argued he is a mechanic employed by Twin City Motors, and plaintiff should have sued Twin City Motors, rather than suing him personally. According to Hogan, he was "just an employee," who worked in the shop and diagnosed vehicles, and he had no legal interest in the business. He stated he was "not in charge of cashing out tickets[,]

bringing in the customers, talking to them, or anything else." The trial court denied the dilatory exception and allowed plaintiff the opportunity to "amend the petition to include as defendants, Twin City Motors AKA European Motors."

Hingle, a former attorney acting in proper person, filed an answer to the petition. He generally denied plaintiff's allegations and filed a reconventional demand, alleging plaintiff "willfully, wantonly harassed and abused process of law and with reckless disregard for the truth, libeled and slandered" him. Hingle sought damages for damages to his reputation, embarrassment, mental anguish, loss of sleep, physical and mental pain and suffering, and abuse of process of law. Plaintiff filed an answer to the reconventional demand. The trial court stated on the record it had dismissed plaintiff's claims against Hingle. However, Hingle's claims against plaintiff were not addressed at trial.

Subsequently, plaintiff filed a second amended petition, adding "Twin City Motor Corp., LCC [sic] AKA European Motors" as defendants. Plaintiff alleged she spoke to "a gentleman" from Twin City Motors/European Motors via telephone, and she was told the cost for repairing her vehicle would be approximately $5,000. When she told him she was not paying that amount, he informed her she owed "$285.00 for diagnostic[.]" Plaintiff asserted she was entitled to damages in the amount of $2,500, "plus court cost[s], wiper, damage to the side of my car." Plaintiff requested service on "Twin City Motors Crop [sic] LCC [and] European Motors" at 2111 Louisville Avenue, and she identified Nejad as the agent for service of process.

On December 5, 2022, plaintiff filed a third amending petition, identifying the defendants as "Greg Dice/Ali Moghimi and "Twin City Motors, LCC" [sic]. Plaintiff alleged "Greg Dice" was the service manager of "European Motor Twin City Motor LCC" [sic]. Plaintiff also alleged Dice "committed a crime of fraud by copying [her] son's name and pasting it on a receipt to get my money out of my bank account[.]" She also alleged she informed "Dice" her vehicle "had been hit," and he advised her to notify her insurance company. The petition does not contain any allegations against Moghimi.^[6] Plaintiff sought damages "in the amount of $2,500.00 plus cost[s] of court." She also requested service on "European Motor, Twin City Motor LCC, Greg Dice, and Gilmer Hingle."

On January 12, 2023, plaintiff filed a fourth amended petition, in which she named Twin City Motors/European Motors, Greg Dyess,^[7] and Ali Moghimi as defendants. Plaintiff reiterated her allegation Dyess committed fraud pertaining to her son's signature. Plaintiff also alleged Dyess misidentified himself as "Wayne Hogan," and when she retrieved her vehicle, it was "ramshack[ed]" and papers were scattered throughout the vehicle. For the first time, plaintiff claimed the right side of her vehicle "had a dent on the side with red paint" on it. She also alleged the windshield wiper "was switch[ed] and wasn't working," and the "heater was not getting hot." Plaintiff, again, prayed for damages in the amount of $2,500, plus court costs. She requested service on "European Motor, LLC, Twin City Motor LLC, Ali Moghimi, and Greg Dyess."

Dyess answered the petition, generally denying plaintiff's allegations. Dyess also asserted he was "not a corporate officer of any corporation, nor a shareholder in either Twin City Motors, Inc. or European Motors." However, neither Twin City Motors, European Motors, nor Moghimi answered the petition.^[8] Nonetheless, Moghimi filed a motion to transfer the matter from Monroe City Court, claiming he would file a counterclaim against plaintiff which would exceed the city court's jurisdictional limit. The court denied the motion to transfer, and there is no indication Moghimi filed a reconventional demand.

A trial was held on April 28, 2023, and plaintiff and Dyess appeared as pro se litigants.^[9] Plaintiff testified she spoke to Dyess, not Hogan, about her vehicle, and she insisted Dyess falsely identified himself as "Wayne Hogan." She stated Dyess "sent in the false to get the money out of the bank," and he was the person who called her about her vehicle. Plaintiff also stated Dyess told her his name was Wayne Hogan, and when she informed him about the dent in her car, he stated, "You gotta take that up with your insurance company." She was not told she would be charged a diagnostic fee in the amount of $282.45, and she was unaware Car Shield would not be paying the fee.

Additionally, the evidence adduced at trial reveals Dyess was the manager at the time of the service, and he charged the diagnostic fee.

At the conclusion of the trial, the trial court rendered judgment in favor of plaintiff, stating in open court:

[T] his judgment is in favor of Ms. Shirley Burks against Mr. Jahanger, who is listed as the registered agent for service of process, Twin City Motors, LLC, aka European Motors, European Service, Mr. Greg Dyess and Mr. Ali Moghami [sic]. Mr. Dyess in his capacity at that time as the service manager, now as the sales manager, Mr. Moghami in his capacity as the owner.

(Emphasis added). Subsequently, the trial court prepared a written judgment, which provides as follows:

This Court, having taken argument from the parties and reviewed all evidence presented, finds that the Defendants, Ali Moghimi and Twin City Motors, L.L.C., AKA European Motors, are fully indebted unto the Petitioner, Shirley Burks, in the full sum of [$1,627.45] with interest. General damages in the full amount of [$2,500.00] are hereby awarded.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Defendants, Ali Moghimi, and Twin City Motors, L.L.C. AKA European Motors, are liable unto Petitioner, Shirley Burks, for all damages sustained.

Costs of Court are assessed against the Defendants. ***

(Emphasis added). The...