Preview

Mendoza vs CA Digest

Good Essays
Open Document
Open Document
670 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Mendoza vs CA Digest
142-c. MENDOZA vs CA
CECILIO MENDOZA vs THE HONORABLE COURT OF APPEALS, and LUISA DE LA ROSA MENDOZA
April 24, 1967
REYES, J.B.L., J.
Petition for Review of a decision of the CA

SHORT VERSION: Luisa and Cecilio are married. Cecilio leaves her to work in the US. Luisa files a case for support. Cecilio files 1st motion to dismiss which is denied. Cecilio files answer with counterclaim challenging the validity of his marriage with Luisa. Cecilio files 2nd motion to dismiss on the ground of lack cause of action because it failed to allege that it complied with a condition precedent. Cecilio loses all the way up to CA. SC says that Cecilio’s contention is the general rule. However, the complaint is for future support and his counterclaim challenged their marriage, both of which fall under the exceptions to the rule for needing earnest efforts towards a compromise.

FACTS: Luisa de la Rosa Mendoza filed a case for support against Cecilio Medoza in the CFI Nueva Ecija.
Alleged that they were married in 1953 and have been living as husband and wife until 1954, when Cecilio left for the US to further his studies and practice his profession
Since then, he has "without justifiable cause or reason deliberately abandoned and neglected her and despite her repeated demands, has failed and refused to provide for her maintenance and support, who is alleged to be pregnant, sickly and without any source of revenue
Cecilio is now employed in a US hospital and earning an average of $200 a month
He also is part owner of a land in Muñoz, Nueva Ecija, assessed at P32,330.00 in 1955

Cecilio filed a motion to dismiss on the grounds of lack of jurisdiction and improper venue. This was denied.
Cecilio filed an answer with counterclaim, questioning the validity of their marriage. Luisa replied.
Cecilio filed a second motion to dismiss on the ground of the complaint’s failure to state a cause of action because it contained no allegation that earnest efforts toward a

You May Also Find These Documents Helpful

  • Good Essays

    The next day and over the course of a month Fiore had people to make efforts from Nevada to show that the money was indeed legit and have not been earned illegally. The petitioner helped draft an affidavit to show probable cause for forfeiture of the funds. Fiore filed a lawsuit against Walden in the district court of Nevada saying Walden had no probable cause to search and seize the money and for him keeping the money even why he found out that the money was indeed legit. The District Court granted Walden motion to dismiss the case because Nevada had no jurisdiction over the case, for the seizer of the money took place in Georgia. During the appeal a divided panel ended up coming to the verdict that the search and seizer of the money could not support Nevada jurisdiction, however the Nevada had jurisdiction over the alleged false affidavit for knowing it would be a significant connection o Nevada also that delaying the funds would cause foreseeable harm which made this jurisdiction…

    • 546 Words
    • 3 Pages
    Good Essays
  • Good Essays

    ISSUE: (One or two sentences about what the case is trying to answer – should be in the form of a question). Were the actions of Mrs. Mitchell constituted misconduct under § 59-90-5(b), N.M.S.A.1953?…

    • 340 Words
    • 1 Page
    Good Essays
  • Good Essays

    Anna Matero Case

    • 677 Words
    • 3 Pages

    I did conference the case with Mr. Cerle prior to today’s conference and he did show me copies of birth certificates for both the decedent, John Matero the claimant, and for Anna Matero and as well as their marriage certificate. He is going to file them but if the claimant’s widow testifies she was living with her husband at the time of his death then she will be the lawful widow and in a position to make this claim. We will also have to determine whether or not there were any children of the marriage and whether any of them are a dependent and entitled to receive benefits should this case be established.…

    • 677 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The plaintiff sued the defendants, claiming that she was sexually assaulted and beaten by hospital employees while she was hospitalized. The defendants were granted a dismissal of the case for non pros. The defendants claimed that the plaintiff failed to meet her requirement to file a certificate of merit within 60 days. As a result, the Court of Common Pleas,…

    • 688 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated, that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but one conclusion and that conclusion is adverse to the non-moving party.…

    • 844 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Anna Hilo Case Digest

    • 1510 Words
    • 7 Pages

    Dr. Hilo disputes the allegations in the Complaint. Dr. Hilo files this pleading to request a formal hearing under Section 120.57(1), Florida Statutes and Section 120.57(3)(b) that “any person who is adversely affected by the agency decision…” has standing.…

    • 1510 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied.…

    • 1852 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Further, the court properly denied that part of defendant's motion seeking summary judgment dismissing the complaint because defendant failed to establish his entitlement to judgment as a matter of law (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). It is well settled that nonvested deferred compensation is marital property subject to equitable distribution (see, Burns v Burns, 84 NY2d 369, 376) and thus, contrary to defendant's contention, plaintiff had an interest in the Deferred Compensation Agreement when defendant and [*881] his partners terminated it.…

    • 333 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    * Greer filed a motion for summary judgment in October, 1990, seeking to have Austin's case dismissed on the grounds that it was barred by T.C.A. § 32-4-108 (1986), because it was brought more than two years from the entry of the order admitting the will to probate. The trial court denied this motion.…

    • 864 Words
    • 4 Pages
    Good Essays
  • Good Essays

    ADJ Midterm

    • 441 Words
    • 2 Pages

    in question. The defense counsel thereafter motioned for a trial order of dismissal. In addition, a…

    • 441 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The court found in favor of Nichols. Due to the fact, that Garelli Wong’s complaint did not warrant any merit. All three counts were dismissed. The decision was based on, that due to its sole jurisdiction over the case, they dismissed the Garelli Wong’s claims based on “When a district court dismisses all claims over which it has original jurisdiction, it may decline to exercise supplemental jurisdiction over the remaining claims”.(2008) Of which they relinquish its jurisdiction. Garelli Wong in its claim against Nichols, count III was dismissed for failure to state a claim.…

    • 462 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Case B 2

    • 389 Words
    • 2 Pages

    Both employees and the Union representing them filed charges of discrimination. The EEOC determined that there was reasonable cause of discrimination; violating Title VII of the Civil Rights Act of 1964. The case ended up in the federal district court. The court granted motion for summary judgment.…

    • 389 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing, and the Court being otherwise fully advised the premises finds that:…

    • 1143 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Plaintiffs’ Memorandum of Points and Authorities in Support of Complaint for Charge of Accessory after the fact in the crime of Credit Card Fraud…

    • 1970 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Facts. Plaintiff and defendant lived together for seven years without marrying, with all property acquired during this time taken in defendant’s name. Plaintiff avers that she and defendant entered into an oral agreement where the parties would combine their efforts and earnings and share equally all property accumulated as a result of their efforts. Plaintiff agreed to give up a lucrative career as a singer and entertainer and assume the role of homemaker, with defendant agreeing to provide for all of plaintiff’s financial support. Defendant compelled plaintiff to leave his household in May of 1970, and continued to provide support to her until November of 1971. Thereafter, he refused to provide further support. Plaintiff brought suit to enforce the oral agreement, claiming that she was entitled to half the property and to support payments. The trial court granted judgment on the pleadings for the defendant.…

    • 600 Words
    • 3 Pages
    Good Essays