CHRISTINA CRUZ,
Plaintiff
Civil Case No. 4656598
-versus-
ALLEN RICHARDS,
Defendant
x------------------------------------x
MOTION TO DISMISS
DISCUSSION
I
The venue of the action is improperly laid. Under Section 2, Rule 4 of
the Rules of Court, personal actions may be tried at the place of residence of
the plaintiff or the defendant, at the plaintiff’s election.1 The plaintiff and the
defendant in this case both reside in Cebu City. Although the place of their
store is located in Dumaguete City, it does not determine the venue of the
present action. Hence, filing this complaint in the Regional Trial Court of
Dumaguete City is an error on the part of the plaintiff.
1
Rules of Court, Section 2, Rule 4
WHEREFORE, defendant respectfully prays that the complaint be
dismissed on the grounds above discussed.
Defendant further prays for such other reliefs as may be just and
equitable in the premises.
SHAMCEE LEE
Counsel for Allen Richards
Address: Natasha Village,
Dumaguete City
Roll No. 55453456
IBP No. 04767, issued on
March 1, 2005
at Dumaguete City.
PTR No. 5698 issued on
September 3, 2005 at
Dumaguete City.
NOTICE OF HEARING
Sir:
Please be informed that the undersigned counsel has set the foregoing
motion for hearing on December 30, 2017 at 9:30 a.m. for the consideration
of the Honorable Court or soon thereafter as the counsel may be heard.
I, Emma Roberts, of legal age and having been sworn depose and say
that:
I am the messenger of Atty. Shamcee Lee, counsel for Allen Richards
in the case entitled “Christina Cruz vs. Allen Richards”, Civil Case No.
46546598, and that as such messenger I served upon the counsel of adverse
party and other parties, the motion to dismiss filed in said case, as follows:
Emma Roberts
Affiant
SHAMCEE LEE
Notary Public
Until February 22, 2018