2019CW1204 Nonprecedential Writ granted in part; writ denied in part Processed

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

Louisiana Court of Appeal, First Circuit · Filed December 3, 2019

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BITTERSWEET BRANDS, LLC NO. 2019 CW 1204

CATHERINE
WITH

DEANO
A TWIST,

AND SANDRA
LLC,
DEC 0 3 2919
RENEE MALONEY

In Re: Painting With A Twist, LLC, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 2018- 11537.

BEFORE: McDONALD, HIGGINBOTHAM, THERIOT, CHUTZ, AND LANIER,

WRIT GRANTED IN PART; WRIT DENIED IN PART. The portion of

the district court' s July 22, 2019 judgment denying the

Exception of Vagueness filed by Defendant, Painting With A

Twist, LLC, is hereby reversed. An exception of vagueness

should be sustained if the petition does not fairly inform the
defendant of the nature of the cause of action or fails to

include sufficient particulars for the defendant to prepare a

defense. Thomas v. Sonic, 2006- 0014 ( La. App. 1st Cir.

1113/ 06), 950 So. 2d 822, 824. Here, it is unclear which

Plaintiffs are asserting which claims against which Defendants.

As such, the Exception of Vagueness filed by Painting With A
Twist, LLC is granted, and this matter is remanded to the

district court to afford Plaintiffs an opportunity to amend

their petition. See La. Code Civ. P. art. 934. This writ

application is denied in all other respects.

JMM
TMH

WRC
WIL

Theriot, J., concurs in part and dissents in part. I would

deny the writ application in its entirety.

DEPUTY CLE K OF COURT
FOR THE COURT