Legal Opinion · Dissent

Specialized Loan Servicing, L.L.C. v. January

Supreme Court of Louisiana

Decided June 28, 2013No. 2012-CC-2668Published

1DissentKnoll, J.

| jWith all due respect, I dissent. This Court has repeatedly applied the discovery rule to toll the prescriptive period where the plaintiffs cause of action is not known or reasonably knowable by the plaintiff. There is no provision of either the Uniform Commercial Code (“U.C.C.”) or the Louisiana U.C.C. which precludes the application of the discovery rule to the instant case.

In Daube v. Bruno, 493 So.2d 606, 609 (1986), this Court held a conversion claim under the Louisiana U.C.C. constitutes a delictual action. Louisiana courts have consistently applied the discovery rule to a wide…

2Cases cited27 opinions

  1. Carter v. HaygoodSupreme Court of Louisiana · 2005
  2. Plaquemines Par. Com'n Council v. Delta Dev. Co.Supreme Court of Louisiana · 1987
  3. Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
  4. Pero's Steak and Spaghetti House v. LeeTennessee Supreme Court · 2002
  5. Jordan v. Employee Transfer Corp.Supreme Court of Louisiana · 1987

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