KEMBAR78
Sample Motion | PDF | Lawsuit | Complaint
Scribd
Upload
5K views4 pages

Sample Motion

Defendants Ronald S. Reyes and Riza D. Reyes filed a motion for leave of court to file a third party complaint against Mario A. Mejia. The plaintiff sued the defendants for failure to comply with their contractual obligations. However, the defendants had entered into a surety agreement with Mario A. Mejia, who is not currently a defendant in the case. The defendants argue that the case cannot be fully resolved without impleading Mejia as a third party defendant. Therefore, the defendants request the court admit their attached third party complaint against Mejia.

Uploaded by

NN DDL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
5K views4 pages

Sample Motion

Defendants Ronald S. Reyes and Riza D. Reyes filed a motion for leave of court to file a third party complaint against Mario A. Mejia. The plaintiff sued the defendants for failure to comply with their contractual obligations. However, the defendants had entered into a surety agreement with Mario A. Mejia, who is not currently a defendant in the case. The defendants argue that the case cannot be fully resolved without impleading Mejia as a third party defendant. Therefore, the defendants request the court admit their attached third party complaint against Mejia.

Uploaded by

NN DDL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch 274, Quezon City
GERARDO H. GARCIA,
Plaintiff,
-versus-

RONALD S. REYES and


RIZA D. REYES,
Defendants.
x----------------------------------------x

Civil Case No. 111213


For: Sum of Money

MOTION FOR LEAVE OF COURT


TO FILE THIRD PARTY COMPLAINT
DEFENDANTS, by counsel, respectfully states:
1.
Plaintiff sued defendants for collection of a sum of
money allegedly arising from failure to comply with their
contractual obligations as contractors.
2.
However, without necessarily admitting the
allegations in the Complaint, defendants had entered into a
surety agreement with Mario A. Mejia, who is not impleaded as
a defendant. Hence, resolution of this case cannot be complete
without impleading Mejia.
3.
Defendants therefore move that the Honorable
Court admit the filing of the attached Third Party Complaint
against Mario A. Mejia for the reasons stated therein, and that
it be served upon the third party defendant.

Page 2 of 4
MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

PRAYER
WHEREFORE, defendants pray that the Honorable Court
admit the attached Third Party Complaint, and that summons
be served upon Mario A. Mejia.
Other remedies equitable under the premises are
likewise prayed for.
Makati City, Philippines, 6 November 2015.

REYNALDO L. RODRIGUEZ
Counsel for the Plaintif

Roll No. 34147


IBP No. 987719; 1-07-2015
MCLE Compliance No. V-0011787; 8-14-15

Suite 5, 8TH Floor Zenith Building


76 Herrera St., Legaspi Village
1228 Makati City
Telephone No. 779-5401; Fax No. 779-5402
Email address: rlrodriguez@rodriguezlaw.com.ph

Page 3 of 4
MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

NOTICE OF HEARING
The Clerk of Court
Regional Trial Court-Quezon City
Branch 274
Atty. Marie O. Miguel
153 Maria Y. Orosa St.
Ermita, Manila
Greetings:
Please take notice that this Motion for Leave of Court to
File Third Party Complaint is set for hearing on Friday, 25
November 2015, at 8:30 am, or soon after as counsel may be
heard, for the Honorable Courts approval.

REYNALDO L. RODRIGUEZ

EXPLANATION AS TO SERVICE

Page 4 of 4
MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

A copy of this Motion was served upon counsel for


plaintiff through registered mail: personal service cannot be
made due to lack of manpower, the distance, and time
constraints.

REYNALDO L. RODRIGUEZ

Copy furnished:

Atty. Marie O. Miguel


Counsel for Gerardo H. Garcia
153 Maria Y. Orosa St.
Ermita, Manila

You might also like