DIDIER v. SIMMONS (2020)

Supreme Court of Louisiana.

Belton Joseph DIDIER and Dare Powers Didier v. Mark Randolph SIMMONS

No. 2020-C-00700

Decided: September 29, 2020

Writ application denied.

I would grant the plaintiffs’ writ and reverse the lower courts as to the peremptory exception of no cause of action, thereby obviating the need for amendment of the plaintiffs’ petition. In my view, when treating the factual allegations of the petition as true and resolving doubts in favor of the plaintiffs (C.C.P. art. 865), the petition sufficiently alleges a cause of action pursuant to C.C. art. 1557 to survive the peremptory exception.

Johnson, C.J., would grant. Crichton, J., would grant and assigns reasons. Crain, J., would grant.

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