MARIE RICCIO v. THE LOUISE MCGEHEE SCHOOL (2023)

Because this writ application arises in the context of an exception of no cause of action, “[t]he pertinent question is whether, in the light most favorable to plaintiff and with every doubt resolved in plaintiff's behalf, the petition states any valid cause of action for relief.” Ramey v. DeCaire, 03-1299 (La. 3/19/04), 869 So. 2d 114, 119 (emphasis added). Whether the plaintiff will ultimately prevail at trial on these claims “is not an appropriate consideration on an exception raising the objection of no cause of action.” State ex rel. Tureau v. BEPCO, L.P., 21-0856 (La. 10/21/22), 351 So. 3d 297, 311. Because, in my view, the issue presented is a matter of proof for determination at summary judgment or after a trial on the merits, under the “narrow issue” of whether the petition states a cause of action, I agree to deny this application. See id. (“[W]hether plaintiff can successfully prove that defendants are liable under the applicable laws in this case is a matter of proof that goes to the merits of plaintiff's claims.”).

Crichton, J., additionally concurs and assigns reasons.