No cause of action. A person does not have any cause of action or defense under the agreement or by virtue of this State's approval of the agreement. A person may not challenge, in any action brought under any provision of law, any action or inaction by any department, agency or other instrumentality of this State, or any political subdivision of this State, on the ground that the action or inaction is inconsistent with the agreement. [PL 2001, c. 496, §1 (NEW).]
No cause of action. The function of the peremptory exception of no cause of action is to test the legal sufficiency of the petition, which is done by determining whether the law affords a remedy on the facts alleged in the pleading. Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1235 (La. 1993). Evidence may not be introduced to support or controvert an exception of no cause of action. La. C.C.P. art. 931. Consequently, at the hearing on the motion, the court reviews the petition and any documents attached to the petition, and accepts well-pleaded allegations of fact as true. Xxxxxxx v. Ace Am. Ins. Co., 15-397 (La. App. 5 Cir. 12/09/15), 182 So.3d 351, 355. The issue at the trial of the exception is whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Xxxxxxxx v. Sondes, 93-2813 (La. 5/23/94), 637 So.2d 127, 131. Appellate review of a judgment relating to an exception of no cause of action is de novo because the exception raises a question of law and the lower court’s decision is based solely on the sufficiency of the petition. Xxxx x. Xxxxxx, 01-0987 (La. 11/28/01), 801 So.2d 346, 349. In the Petition to Enforce Liens, Roubion alleges that defendants, including Xx. Xxxxxx, were indebted to Roubion for “labor and services and/or materials related to house raising, pile driving, backfilling, plumbing and related services and tasks furnished by Roubion” at each property. The petition alleges that Roubion was a subcontractor for Crescent and that defendants failed to obtain a bond with surety to secure performance of the contract and payment of all subcontractors. The petition further alleges that Crescent failed to pay Roubion the amounts due for work performed on defendants’ houses. The petition goes on to allege that Roubion has a privilege for payment against the property of each defendant and the defendants are personally liable to Roubion for their respective accounts. Finally, the petition states that defendants received a statement from Roubion and had not paid Roubion. Attached to the Petition to Enforce Liens was the lien recorded on each property, including Xx. Xxxxxx’x property. The lien states that Roubion “performed certain labor and services and/or furnished materials in the construction, repair, and improvement of a building on or otherwise related to the following described property” located at 0000 Xxxxxxxx, Xxxxxx, Xxxxxxxxx. The lien states that an amount of $24,937.50 is owed and an invoice ...
No cause of action. 22.1 No third party claiming to have acted or changed his position in anticipation of this scheme taking effect, shall get any cause of action against the Transferor Company or the Transferee Company or their directors or officers, if the scheme does not take effect or is withdrawn, amended or modified for any reason whatsoever.
No cause of action. To the Vendor’s knowledge, there is not any cause of action relating to the Business or the Assets which could or might be used to commence legal proceedings, either civil or criminal. Agreement relating to the sale and purchase of the Business and Assets of Esphion Limited
No cause of action. To the best of the Vendors’ knowledge and belief having made due enquiry, there is not now, and will not on Closing be, any cause of action in respect of which the Company is not fully indemnified, which could or might be used of commencing legal proceedings, either civil or criminal, against the Company.
No cause of action. Any TVA review of any matter in accordance with the provisions of this Agreement shall not create in Borrower, or any third party, any right or cause of action not otherwise existing and shall not be deemed a warranty of any kind by TVA.
No cause of action. To the best of the Vendors’ knowledge, there is no: (a) Circumstances: circumstance which is reasonably likely to give rise to any material Legal Proceeding in relation to any Group Company; or (b) Existing Dispute: material dispute existing or likely to arise between any Group Company and any material customer, supplier or distributor to the relevant Group Company or any other member of the Group.
No cause of action. Such Major Stockholder, by delivering its Certificates and letter of transmittal pursuant to the Merger Agreement, shall be deemed to be representing hereunder that such Major Stockholder does not, as of the Effective Time and after giving effect to the transactions contemplated by the Merger Agreement, have a claim, action, cause of action or demand of any kind or character, based upon any fact or circumstance, which presently exists, or may exist in the future, against the Company or any of its Subsidiaries.
No cause of action. There is no cause of action relating to the Company or the Assets that could or might be used to commence legal proceedings, either civil or criminal.
No cause of action. Xxxxxxx hereby agrees not to bring any claim, suit or cause of action, whether on an individual or class basis, Phymatrix or the Dasco Companies in his capacity as a shareholder of Phymatrix for any event or omission that occurred prior to June 16, 1998 of which Xxxxxxx was aware as of such date, provided, that, Xxxxxxx is expressly permitted to exercise all rights that Xxxxxxx may have relating to or arising from his ownership of shares of Phymatrix as a member of the class of shareholders generally, including any right that may result from a class action, claim, suit or cause of action against Pymatrix or the Dasco Companies brought or initiated by a shareholder of Phymatrix other than Xxxxxxx.
