Bittersweet Brands, LLC v. Painting With A Twist, LLC, Catherine Deano, and Sandra Renee Maloney ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BITTERSWEET BRANDS, LLC NO. 2019 CW 1113
VERSUS
PAINTING WITH A TWIST, LLC,
CATHERINE DEANO AND SANDRA NOV 2 5 2019
RENEE MALONEY
In Re: Catherine Deano, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
2018- 11537.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT DENIED.
imm
MRT
Chutz, J., concurs in part and dissents in part. I agree
the district court denied Catherine Deano' s Exception
correctly
of No Right of Action. However, I would reverse the portion of
the district court' s July 22, 2019 judgment denying her
Exception of No Cause of Action. An exception of no cause of
action should be granted when it appears beyond doubt that the
plaintiff can prove no set of facts in support of any claim
which would entitle him to relief. Badeaux v. Southwest
Computer Bureau, Inc., 2005- 0612 ( La. 3/ 17/ 06), 929 So. 2d 1211,
1217. Plaintiffs, Bittersweet Brands, LLC and Michael Powers,
failed to assert any viable cause of action against Defendant,
Catherine Deane. As such, I would remand this matter to the
district court to afford Plaintiffs an opportunity to amend
their petition. See La. Code Civ. P. art. 934.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT