2. Hear Ye, Hear Ye - (defendant's rebuttal, followed by mine)

Hear Ye Hear Ye

The defendant's attorneys will now speak!
4
Defendant specially excepts to plaintiffs' original petition insofar as it attempts to be a class action on behalf of other descendants of Manuel Becerra because no class action is authorized by law under the facts alleged.
5
Defendant specially excepts to plaintiffs' original petition because it does not state the names of the other descendants of Manuel Becerra and the reasons why they are not joined as required by Rule 39 of the Texas Rules of Civil Procedure.
6
Defendant specially excepts to the following the allegations contained in the opening paragraph of plaintiffs' original petition:
“.... Complaining of Dennis O'Connor, and all other predecessors in wrongful possession of said lands and herein after styled defendants:...”
The grounds of this exception are that the predecessors in possession of defendant have not been named, no citation has been served on them, and they have not properly been made defendants in this cause.
My Rebuttal
4
Defendant specially excepts to plaintiffs' original petition insofar as it attempts to be a class action on behalf of other descendants of Manuel Becerra because no class action is authorized by law under the facts alleged.
Me:
Another boring technicality. Cyborg's attorneys state that the original petition cannot be construed as a class action lawsuit because the facts do not support it. True but boring...
5
Defendant specially excepts to plaintiffs' original petition because it does not state the names of the other descendants of Manuel Becerra and the reasons why they are not joined as required by Rule 39 of the Texas Rules of Civil Procedure.
Me:
A technically boring point. A point they will eventually bore like a spear into the family's dream. However, for now, it is a boring technical got ya.
6
Defendant specially excepts to the following the allegations contained in the opening paragraph of plaintiffs' original petition:
“.... Complaining of Dennis O'Connor, and all other predecessors in wrongful possession of said lands and herein after styled defendants:...”
The grounds of this exception are that the predecessors in possession of defendant have not been named, no citation has been served on them, and they have not properly been made defendants in this cause.
Me:
Technically boring point. I'm really glad I didn't become a lawyer. Yes, if they're going to go there and introduce the term "predecessors" they should have done their due diligence. No citations were issued to family members, even though deemed "predecessors." Their names were never specified in the original plaintiff petition. Oh well, another got ya!






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