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Multiventas y Servicios, Inc., et al. v. Oriental Bank

Paid petition · Supreme Court of Puerto Rico, No. CC-2019-0839 · judgment December 20, 2019


Certiorari denied · May 18, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a business petitioner, and counsel who has filed here before, and down for a business respondent.

Questions presented

  1. In an action for collection of monies and foreclosure where the plaintiff is neither owner, nor holder, nor possessor of the promissory note, if the plaintiff lacks standing to sue?

  2. If the plaintiff lacks standing, the Court lacks jurisdiction; if the Court lacks jurisdiction, the dismissal of the complaint is due because the case is not justiciable; in the absence thereof, if it is appropriate to provide relief from Judgment?

  3. Is a plaintiff who has no standing in an action is subject to a jurisdictional dismissal since (i) courts have jurisdiction only over controversies that involve the plaintiff, (ii) a plaintiff found to lack “standing” is not involved in a controversy, and (iii) the courts therefore have no jurisdiction of the case when such plaintiff purports to bring it?

  4. Whether, in accordance with Uniform Commercial Code (UCC) regulations, the plaintiff in an action for collection of monies and mortgage foreclosure can be the owner, holder or possessor of a promissory note (defined and regulated by UCC Section 3) that has been converted—along with other hundreds or thousands of promissory notes—into a new kind of instrument called Securities (defined and regulated by UCC Section

  5. after the process of Securitization?

Counsel of record

For petitioner
Grace Monge-La Fosse
Monge La Fosse, Attorneys & Counselors at Law, PSC

For respondent
—

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 18, 2020 · Certiorari denied

Proceedings

  1. May 18 2020
    Petition DENIED.
  2. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  3. Mar 03 2020
    Petition for a writ of certiorari filed. (Response due April 6, 2020)