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· 9/22/2006

Sund v. St. Helena Parish School Board

Citations

  • 937 So. 2d 392
  • 2006 La. LEXIS 2648

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a court will not grant a motion to strike that imparts facts outside of the pleadings
  • no recovery in quasi contract because plaintiff alleged oral contract; therefore, failed to comply with Act's written contract requirement
  • In deciding a motion to strike the trial court cannot be aided by the assumption of any facts not alleged in the pleadings
  • when the legal grounds for the motion depend on underlying facts, parties must await evidence at trial and motion to strike should be denied
  • where the legal grounds for a motion to strike are dependent upon facts not alleged in the plaintiff's complaint, the defendant must await the evidence at trial and the motion should be denied
  • refusal to enforce deficient home improvement agreement under theory of implied contract

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.