Opinion
No. 2020-C-00700
09-29-2020
Belton Joseph DIDIER and Dare Powers Didier v. Mark Randolph SIMMONS
Writ application denied.
Johnson, C.J., would grant.
Crichton, J., would grant and assigns reasons.
Crain, J., would grant.
Crichton, J., would grant and assigns reasons. 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.