Order Denying Motion To Dismiss
Order Denying Motion To Dismiss
KOBE BRYANT,
Plaintiff,
Civil Case No. 11691050
- versus - For: Rescission of Contract with
Damages
ORDER
This resolves defendant’s Motion to Dismiss on the complaint filed by the Plaintiff for
Rescission of Contract with Damages.
In their motion, the defendant argued that the plaintiff had no cause of action in filing the
complaint because the former did his due diligence in making sure that he performed his
obligation by fixing the chassis and engine of the said plaintiff. Furthermore, the defendant also
argues that under the New Civil Code, a contract may only be rescinded when the other party has
failed to comply with his obligation.
Based on the admissions made by the parties and in their respective pleadings, it can be gleaned
that the plaintiff has a clear cause of action when the defendant failed to perform his duty to
check all the defects of the car of the plaintiff when the latter approached the services of the
former to check if his car has any damages. Consequently, when the plaintiff found out that there
were other damages in his car, allegedly caused by the defendant, there was a clear breach of
contract between the two parties.
From the foregoing arguments raised by herein defendant and the same to be of no merit, the
court opines to deny the instant Motion.
20 June, 2020