Safeguard Storage Properties, LLC v. Donahue Favret Contractors, Inc.

hi respectfully concur in the granting of Safeguard’s writ application. The trial court disqualified an expert witness based upon a claim of “switching sides.” The only legal basis for the trial court’s action is, according to the respondent, the inherent power of the courts. La. C.C.P. art. 191 (“A court possesses inherently all of the power necessary for the exercise of its jurisdiction even though not granted expressly by law.”). Of course, inherent power is not co-extensive with unlimited power, and the trial court committed legal error when it fell into such an inviting trap.

There is no…