Earth Services & Equipment LLC, et al v. Evenstar, Inc., et al.

Plaintiff's Memorandum in Opposition to Defendants Exception of No Cause of Action


Defendants filed an Exception of No Cause of Action to Plaintiff's Petition for Damages. The Defendants claim that the Plaintiff has not stated a cause of action because the construction lien was filed improperly, and that the Plaintiff did not allege in its petition that it performed the type of construction work that would qualify it to file a lien under the Private Works Act.

This memorandum is in response to Defendants' allegations.

The Plaintiff argues that its Petition is sufficient to state a cause of action against Defendants under the Private Works Act, defending not only the construction lien itself, but the Petition for Damages which alleges that the lien was filed by the Plaintiff in proper form.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 5th Circuit, Louisiana | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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