Opinion
No. 2020-C-0700
09-29-2020
BELTON JOSEPH DIDIER AND DARE POWERS DIDIER v. MARK RANDOLPH SIMMONS
ON WRIT OF CERTIORARI TO THE 1ST CIRCUIT COURT OF APPEAL, PARISH OF EAST BATON ROUGE
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.