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Boland v. Kleinpeter6/21/2002
We granted certiorari in this case to consider whether the court of appeal erred in reversing the judgment of the district court which had held that plaintiffs' conversion claims against defendants, Michael and Eloise Futrell, are prescribed. For the reasons that follow, we conclude the court of appeal did so err, and we now reinstate the district court's judgment.
FACTS AND PROCEDURAL HISTORY
This suit arises out of the tragic death of Diane Boland, who is the mother of plaintiffs, Ysonde and Kurt Boland. On August 11, 1998, eighteen-year-old John Donald "J.D." Kleinpeter stole a .45 caliber handgun from the residence of Diane Boland. Sometime thereafter, J.D. showed the gun to his friend, Lauren Futrell, and told her that he had stolen it from Diane Boland. J.D. also told Lauren that he had enlisted the assistance of another friend, Adam Lawson, in hiding the gun, and he apparently discussed with Lauren how "weird" it would be to shoot someone. Lauren told no one about these events, however. J.D. subsequently retrieved the stolen gun and, on September 14, 1998, he entered Diane Boland's home, shot her to death, and then sexually assaulted her. After the murder, but prior to September 16, 1998, J.D. returned to the Boland residence with two friends, Jason Cobb and Tiffany Edwards. At this time, J.D. took jewelry and other items from the house, including two large knives owned by Kurt Boland.
Shortly thereafter, J.D. visited Lauren at the home she shared with her parents, defendants Michael and Eloise Futrell. J.D. told Lauren that he had killed Diane Boland, and in Lauren's presence, J.D. painted the murder weapon in an attempt to remove his fingerprints. J.D. also hid the stolen knives at the Futrells' home, first in a flower bed and then inside the house under a bed.
On September 13, 1999, plaintiffs filed a wrongful death suit against numerous defendants, including the Futrells, alleging that the defendants were negligent in failing to report certain facts or otherwise taking action to prevent the death of Diane Boland. In response, the Futrells filed a peremptory exception raising the objection of no cause of action. Following a hearing, the district court granted the Futrells' exception and permitted plaintiffs to amend their petition to attempt to state a cause of action.
On February 29, 2000, plaintiffs filed an amended petition asserting, among other claims, that Lauren Futrell assisted, aided, and abetted J.D. "in the wrongful conversion and hiding of plaintiffs' property," apparently referring to the gun and the knives. In response to the amended petition, the Futrells again filed an exception of no cause of action. They also objected to the newly-urged conversion claims on the basis of prescription. In support of the exception of prescription, the Futrells argued that plaintiffs' claim for damages as a result of Lauren Futrell's "playing a role in assisting, aiding, and abetting J.D. Kleinpeter in the wrongful conversion and hiding of Plaintiffs' property" was not made within one year of the date of Lauren's alleged wrongful act.
After a hearing, the district court granted the Futrells' exception of no cause of action. The court also granted the exception of prescription, stating in oral reasons for judgment that the conversion claims raised for the first time in the amended petition did not relate back to the original petition.
Plaintiffs devolutively appealed the district court's judgment. On appeal, plaintiffs contended that the conversion claims relating to the gun and the knives are not prescribed because a two-year prescriptive period applies. In support, plaintiffs argued that La. Civ. Code art. 3493.1
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