Issue: In what instances is the peremptory exception of no cause of action applicable in Louisiana?
|Area of Law:||Litigation & Procedure|
|Keywords:||No cause of action; Peremptory exception; Evidence|
|Cited Statutes:||La. C.C.P. art. 931; La. R.S. 12:1335|
The burden of demonstrating that a petition states no cause of action is on the mover. See City of New Orleans v. Board of Commissioners of Orleans Levee Dist., 640 So. 2d 237, 253 (La. 1994).
No evidence may be introduced to support or controvert an exception of no cause of action. La. C.C.P. art. 931. Consequently, the court reviews the petition and accepts well-pleaded allegations of fact as true. Jackson v. State Dept. of Corrections, 785 So. 2d 803, 806 (La. 2001).
Thus, the no cause of action exception raises only a question of law and the court’s decision is based solely on the sufficiency of the petition. City of New Orleans, 640 So. 2d at 253. The only relevant issue is whether, in the light most favorable to plaintiff and with every doubt resolved in plaintiff’s behalf, the facts of the petition state any valid cause of action for relief.
La. R.S. 12:1335 provides that
On application by or for a member, any court of competent jurisdiction may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or operating agreement.
In In re Cat Island Club, LLC, 94 So. 3d 75, 80 (La. App. 3 Cir. 2012), the court of appeals affirmed the trial court’s grant of summary judgment in favor of a member who […]