Republic of the PhilippinesRegional Trial Court

National Capital Judicial RegionBranch 143

Muntinlupa City

CRUMBS Corp. represented by President Noelle Gavino-Dungo,

Plaintiff

- versus - Civil Case No. 1065For: Damages underCulpa Contractual

Flourida Inc. represented by President Neville O. Longbottom,

Defendant.

x---------------------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel and to this Honorable Court, respectfully submits this pre-trial brief in compliance with the trial court’s order dated September 10, 2015, containing the following:

1. Plaintiff is willing to enter into an amicable settlement of the case, under the terms and conditions which are agreeable to both parties. Plaintiff is willing to submit the technical issues for resolution by technical experts.

1.1. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff respectfully submits that the desired terms of any amicable settlement would involve, first, an admission of amount due and owing to plaintiff and, second, a schedule of payments.

2. Plaintiff admits the following facts:

2.1. The plaintiff admits that on 20 July 2015, plaintiff and defendant entered into a SUPPLIER CONTRACT whereby the defendant bound itself to deliver 100 sacks of cake flour every Monday morning to the plaintiff for the price of PhP 1,000 per sack;

2.2. That on 27 July 2015, defendant failed to comply with its contractual obligation of supplying sacks of flour agreed upon in the Contract of agreement;

2.3. Plaintiff claims that due to the failure of the defendant to deliver the sacks of flour, plaintiff was not able to supply breads and pastries for its long time client, WIZARDING WORLD OF COFFEE, a well known coffee shop in Metro Manila which consequently caused the latter to look for another supplier of breads and pastries and sever its business arrangement with plaintiff, as evidenced by the letter sent by WIZARDING WORLD OF COFFEE to plaintiff;

2.4. That due to the severance of the business arrangement between plaintiff and STARBUCOBEAN, the plaintiff suffered business losses in the amount of PhP 2,000,000.00.

3. The issue which the plaintiff raise is as follow:

3.1. Plaintiff submits that the failure of the defendant to comply with its contractual obligation of supplying the sacks of flour to plaintiff was due to the defendant’s failure to exercise due diligence in managing its business affairs, as evidenced by the letter sent by the defendant to the plaintiff in response to the plaintiff’s complaint letter to the defendant;

4. Plaintiff intends to present the following documents, in connection with which plaintiff requests from defendant their admission of their execution and due authenticity:

4.1. Supplier Contract entered into by CRUMBS Corp. as BUYER and Flourida Corp. as SUPPLIER on 20 July 2015 whereby the defendant bound itself to deliver 100 sacks of cake flour every Monday morning to the plaintiff for the price of PhP 1,000 per sack marked as ANNEX A;

4.2. Letter from President Neville O. Longbottom representing Flourida Corp. explaining its failure make delivery to Crumbs Corp. marked as ANNEX B;

4.3. Letter from Lucius Malfoy, CEO of Wizarding World of Coffee presented as evidence of proof of severance of agreement with CRUMBS Corp. marked as ANNEX C.

5. Plaintiff manifests her intention to resort to discovery procedures.

6. Plaintiff does not intend to amend his complaint.

7. Plaintiff intends to present the following witnesses, the substance of which and the number of hours for each witnesses are:

7.1. Mr. Peter Griffin, whose proposed testimony would consist substantially as follows and would take about three (3) hours to testify: that as the General Manager of CRUMBS Corp., it is one of his duties to control and supervise the production and management of the corporation and to coordinate with buyers and suppliers in accordance to all its existing contacts

7.2. Plaintiff CRUMBS Corp. represented by President Noelle G. Dungo, who would testify as to the loss and damages the corporation incurred as a consequence of defendant’s negligence and breach of contract and would take her about two (2) hours for such purpose.

WHEREFORE, plaintiff prays that the foregoing be taken cognizance of.

Muntinlupa City, 17th of September 2015.

MARTIREZ – UBANA – FULLANTE LAW FIRMCounsel for the Plaintiff

25th Floor CitiBank Towers,Valero St.Makati City, Philippines

By:

ATTY. ALMA ALEXANDRA L. MARTIREZIBP No. 387150; 01/10/10-Manila PTR No. 1234567; 01/10/10-Manila Roll No. 29732: 05/05/05MCLE No. I – 001234; 09/09/14MCLE No.II – 005647; 09/09/14

Copy Furnished:

By Personal Service

Atty. Glenn QuagmireQuagmire Law OfficeAlabang Hills, Muntinlupa City