CHUTZ, J.
Defendants-appellants, Jay Inzenga and Jay's Furniture Home Store, LLC (Jay's Furniture), appeal the trial court's summary judgment against them, in favor of plaintiff-appellee, Louisiana Television Broadcasting, LLC (WBRZ),
WBRZ sells advertising during its programming which Jay's Furniture utilized subsequent to entering into a credit application and payment agreement, signed by Inzenga on behalf of Jay's Furniture as its "Owner" on June 30, 2009. By April 20, 2016, Jay's Furniture had an advertising balance due of $47,285.60. Jay's Furniture subsequently sold its furniture store without having either paid off the balance due on the WBRZ account or transferred the debt to the purchaser. Inzenga contacted WBRZ representative, General Manager Rock Daboval, in three text messages. WBRZ maintains that as a result of the contents of the text messages, Inzenga became liable in his individual capacity along with Jay's Furniture for the balance due on the advertising account.
WBRZ initiated this lawsuit, naming Inzenga and Jay's Furniture as defendants. After Inzenga and Jay's Furniture answered the lawsuit,
Appellate courts review the granting or denial of a motion for summary judgment de novo under the same criteria governing the district court's determination of whether summary judgment is appropriate.
The burden of proof rests with the mover. La. C.C.P. art. 966(D)(1). When the mover will bear the burden of proof at trial, it must be determined that its supporting documents are sufficient to resolve all material issues of fact. Only they are sufficient does the burden shift to the opposing parties to present evidence showing that an issue of material fact exists, because the opposing parties can no longer rest on the allegations or denials in their pleadings at that point.
On appeal, Inzenga and Jay's Furniture do not challenge the entry of judgment against Jay's Furniture in the amount of $47,285.60, the award of attorney fees in the amount of $9,457.12, or the quantum of either amount.
In support of its motion for summary judgment, WBRZ relied the three text messages Inzenga sent to WBRZ representative Daboval.
Over two years later, on June 29, 2015, Inzenga stated in another text message:
The last message Inzenga sent to Daboval was on July 2, 2015 and provided:
In its motion for summary judgment, WBRZ emphasized Inzenga's use of the word "I" in the first two messages as an indication that he was referring to himself rather than acting in a representative capacity. Additionally, WBRZ suggested that in the April 4, 2013 message, the reference to "something toward the old bill" was "an absolute expression of [Inzenga's] intent to pay the open account since his text unequivocally states
An obligee and a third person may agree on an assumption by the latter of an obligation owed by another to the former. That agreement must be made in writing. La. C.C. art. 1823. Additionally, parol evidence is inadmissible to establish a promise to pay the debt of a third person. La. C.C. art. 1847.
The requirements for a valid contract, which include an agreement to assume the debt of a third person, are: (1) capacity; (2) consent; (3) a lawful cause; and (4) a valid object.
According to the Civil Code, "The quantity of a contractual object may be undetermined, provided it is determinable." La. C.C. art. 1973. Where an obligation [is] "too indeterminate" to meet the requirements of Article 1973, the "obligation [is] unenforceable because it is without cause."
Pretermitting a discussion of whether in the text messages Inzenga communicated with WBRZ individually or in a representative capacity as an owner of Jay's Furniture, as well as whether the text messages constitute a writing for purposes of Article 1823, we find the three text messages fail to establish the quantity of a contractual object. As such, any alleged offer by Inzenga in his individual capacity to assume the debt of Jay's Furniture is undetermined. Although the parties may have understood that an outstanding balance existed, the offer to "give [WBRZ] something toward the old bill" on April 4, 2013; to "give [WBRZ] something in the morning that we can live with in good faith" on June 29, 2015; or that "we can send [WBRZ] something" on July 2, 2015, each individually, and all collectively, fail to establish the amount of Jay's Furniture's outstanding advertising balance that Inzenga was ostensibly offering to assume. As such, there was an undeterminable sum, and any alleged agreement was without cause.
Therefore, WBRZ failed to make its prima facie case on its motion for summary judgment showing that Inzenga assumed the debt of Jay's Furniture on the advertising balance in his individual capacity. Accordingly, the trial court erred in entering judgment against Inzenga individually.
For these reasons, we reverse the portions of the judgment entered against Inzenga in his individual capacity in the amount of $47,285.60 and casting him with attorney fees in the amount of $9,457.12. In all other respects, the trial court's judgment is affirmed. Appeal costs are assessed against plaintiff-appellee, Louisiana Television Broadcasting, LLC.
McDONALD, J., concurs.
I respectfully concur. In addition to the reasons set forth in the majority opinion, I write separately to point out that there are genuine issues of material fact regarding whether Mr. Inzenga's text messages to Mr. Daboval were sent in his individual or representative capacity. Further, even if the text messages were sent on his own behalf, there are genuine issues of material fact as to the extent to which Mr. Inzenga assumed Jay's Furniture's debt under La. C.C. art. 1822.
First, I think there are genuine issues of material fact as to whether Mr. Inzenga sent the text messages in his individual capacity. In reviewing a summary judgment, factual inferences reasonably drawn from the evidence must be construed in favor of the non-moving party, and all doubt must be resolved in his favor. Pontchartrain Natural Gas System v. Texas Brine Co., LLC, 18-0606 (La. App. 1 Cir. 12/21/18), 268 So.3d 1058, 1062, writ denied, 19-0526 (La. 17/19), 273 So.3d 1210. Construing Mr. Inzenga's ambiguous text messages in his favor, and resolving doubt as to Mr. Inzenga's intent in his favor, the reasonable inference is that he sent the text messages on Jay's Furniture's behalf, not individually. The majority opinion pretermits consideration of this issue.
Second, even if Mr. Inzenga did assume Jay's Furniture's obligation to pay the advertising debt, under La. C.C. art. 1822, a person who assumes another's obligation is bound "only to the extent of his obligation." See Crosstex Energy Services, LP v. Texas Brine Company, LLC, 18-1213 (La. App. 1 Cir. 7/11/19), 2019 WL 3049762 *4. Because Mr. Inzenga's text messages contain no specific dollar amount, I do not think they show the "extent" to which Mr. Inzenga bound himself to pay Jay's Furniture's advertising debt. I would base the reversal of the judgment on WBRZ's lack of summary judgment proof under La. C.C. art. 1822, rather than on the more general provision of La. C.C. art. 1973, upon which the majority opinion relies.