Remedial Law, 2020 Bar — Question 11

ESSAY

A party, through counsel, filed a complaint to nullify the extrajudicial foreclosure of mortgage done by a creditor bank. The bank had already filed its answer. However, the counsel for the plaintiff felt that the judge was partial to the defendant’s counsel. Wanting to bolster the chances of winning for their client, the counsel for the plaintiff filed a second case against the same bank seeking to nullify the same extrajudicial foreclosure, but this time adding a prayer for the award of damages. The second case was raffled to another judge. The defendant bank’s counsel then moved to dismiss the second case. Will the motion prosper? Explain briefly.

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