ANALYSIS OF 4/11/2016 ORDER FOR MEDIATION AND MEDIATOR’S REPORT

All lawsuits of this nature are required to go through mediation at this point in the proceedings. The courts hope to avoid a time consuming trial and have found that many cases such as these are resolved through mediation.

Mediation is by its nature confidential. While there are no prohibitions on disclosing what was discussed during the mediation sessions, nothing regarding mediation can be admitted into any proceeding.

I will not go into exactly what was discussed during the mediation sessions as I do not believe that would be appropriate. I will however mention the “remarks” section on the mediator's report as that document is public record. Here, the mediator states:

“Defendant propose to pay actual damage but complainant rejected the same and claims payment of actual damage plus 250,000 pesos attorney’s fee.”

This is an accurate summation of the mediation proceedings. We asked for the costs to replace the turbocharger and towing fee, plus 250,000 pesos towards my attorney’s fees. The defendants offered only to pay for the turbocharger and towing fee, but not any of my attorney’s fees. Of course, my attorney’s fees are a lot more than 250,000 pesos, but I was ok with this to get the case resolved.

The big picture here is that if I only accepted actual damages, what would prevent Subaru from refusing to honour their warranties in the future? If they only pay my actual damages, they have nothing to lose and will surely do this again. And why would anyone in their right mind ever attempt to get their warranty honoured through the courts if the legal costs would far outweigh the actual damages?

This is what the dispute is all about. Subaru makes a calculated case to deny warranty claims knowing full well what the outcome will be if it goes to court (they will delay forever and make sure that a trial never sees the light of day).

However, I am determined to not allow this disgusting strategy to work in my case. Maybe I will have huge legal bills with nothing to show for it, but if I can at least expose the tactics of Subaru to potential purchasers of their cars then this whole process would be a worthwhile endeavor.

., ,

JULIAN COHEN,

-versus-

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Ke�ublic; vf the Philippines National.,Capital Judicial Region

REGidNAL TRIAL COURT Branch 160, Pasig City (San Juan City Station)

Plaintiff,

CIVIL CASE NO. 73836

MOTOR IMAGE PILIPINAS, ET AL., Defendants.

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

ORDER

When this case was called for pre-trial conference this morning, all parties were in court.

Considering that this is one of the cases required to undergo mediation proceedings, this case is hereby referred for mediation to the Philippine Mediation Center.

,., ·�••,l'!"°JO I

In the event that mediation fails, this case is hereby set for judicial dispute resolution on 14 June 2016, at 2:00 p.m. Parties are reminded that mediation and JDR are parts of the pre-trial and carries with it appropriate sanctions for non­appearance.

SO ORDERED. San Juan C!ty, Metro Manila, 11 April 2016.

CCB/jen

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDiCIA!. REGION

REGlONAL TRIAL COURT CITY o:F1'ASIG BRANCH 160 (SAN TUAN CITY STATION) ' � ;

JULIAN COHEN, Plaintiff,

-versus-

MOTOR IMAGE PJLTPTNAS, RT. AL.,

Defendant. x--------------------------------------------x

ORDER

C1vil Case No. 71816

Pm:suant to Section 2(a), Rule 18 of the 1997 Rules of Civil Procedure and the Second Revised Guidelines for the implementation of mediation proceedings approved by the Supreme Comt on October 16, 2001, thi.s case �s hereby refe.i:red for mediation in the Philippine Medi.ati.on Center (PMC).

··-�:Both parties are hereby ordered to immediately proceed and to personally appear on 24 May 2016 at 1:30 p.m. wit.h or without the pte$enct:.' 0f thei..r c0,_m$d/'..' before the PMC TJrut located ::it PMC-San Juan City, 2/F PNP Building, Sa.ntolan Road,. Sa.o.. Juan City for the mediation proceedings upon payment of appropriate fees. This Court shall impose the appropriate sanction induding but not limited to censure, reprimand, declaration in contempt and such sanctions as are provided under the R1.1les of Court for failure to appear for prt:.'-tria!, i..11 c'.lse any 0r both 0f th':' pnties abst:.'!lt himself/ihemselves during, the mediation prn.:ceclings.

In the meantime, the Court's proceedings on the c::ise are hereby suspended for thirty (30) days sta.rting on this date and extendible for another thirty (30) chys if the need arises. The Mediator is hereby <l.u:ectt:d to submit to tlus Court a status repori ou i.l1c: pwg1.ess of the pwcec:di.ngs at the end of the mediation period. 1t the mediation 1s successful, this Court shall lffiTiled!ately be mtormed and given (a) the original Compromise Agreement entered into bv the parties as basis of for the rendition of a judgment by compromise ,vhich may be enforced by �xec1-1tion or, (b) a ·wit..h.drawal of the Complaint or, (c) a satisfaction of the ckim.

In case of unsuccessful mediation, judicial dispute resolution (fDR) is hereby set on 14 Tune 2016 at 2:00 pm. pumrnnt to ()CA-Circular No. 51-2011, part 3(I!). · · ·

It is understood that the mediation proceedings shall be confidential.

So ordered. 11 April 2016.

Cop}' furnished: ft M y ]w 'f,() PMC Mediation Division, PHIUA, SC Clerk in-Charge Atty. Alexander R. MaligAtty. Siddharta JPS. Penarondo Ill � /tJ ?JI Atty. Ramil G. Austria -k -�Julian Cohen -i - 'n. Ltf-v,S \'\\l�� � \J iPl\P�\ Ct'\) \o , l',f«Njl 'tt-,'rf'{ !0�\IY �\\\f1•'LJ -/< - -w,

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SUPREME COURT OF THE PHILIPPINES PHILIPPINE JUDICIAL ACADEMY PHILIPPINE MEDIATION CENTER

(PMC UNIT)

Date: 11 April 201 S : ·

For: . JENNAFE DOCTORA

Name of Mediator

JULIAN COHEN VS. MOTOR IMAGE PILIPINAS, ET AL. Civil Case No. 73836 (REGIONAL TRIAL COURT, BRANCH 160, PASIG CITY, San

Juan station)

Presiding Judge: Hon. Caesar C. Buenagua

NOTICE OF MEDIATION

Pursuant to Section 2(a), Rule 18 of the 1997 Rules of Civil Procedure and the Second Revised Guidelines for the implementation of mediation proceedings approved by the Court dated 22 June 2015, the above-mentioned case is hereby referred to you for mediation.

The said proceedings shall initially be conducted on 24 May 2016 at 1 :30 p.m. at PMC-San Juan City, 2/F PNP Building, Santolan Road, San Juan City so as to agree.,o,n the date, time and venue of the actual process without prejudice to the future agreement on rescheduling the matter 1f necessity so warrants. Actual mediation proceedings can be started during the preliminary meeting if parties so agree.

The Parties has selected you as the Mediator for the said case.

As an accredited Mediator and an officer of the Court, vou are required to obseNe the Code of Ethical standards in administering such an und.ertaking.

Upon the receipt of this notice, please coordinate with the Mediation-Supervisor mentioned below regarding the schedule of mediation proceedings for this case as soon as possible.

It is understood that the mediation proceedings shall be confidential.

Daily Supervisor x---------------------- ------------------------------------------------x

CERTIFICATION

This is to certify that the appointment of --�--------, asMediator for the aforementioned case is hereby confirmed by this Court. This appointment is without prejudice to a motion filed by any of the patties for inhibition of the Mediator, upon knowledge of non-compliance with the Code of Ethical Standards.

Copy furnished: PMC Mediation Division, PHILJA, SC Clerk in-Charge Atty. Alexander R. Malig Atty. Siddharta JP S. Penarondo Ill Atty. Ramil G. Austria Julian Cohen

·, · .__

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(. f.JA-7'PMC FORI'v1 2 (Reviled October 2010)

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9th

10th

Plaintiff/Complainant, Case No. : _ f?f

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. -vs-Nature of Case : __________ _

m1:>TOY1.. .t:rrm:Git l"l l-l'PIDl !'IS IT· ]'(I, .

Defendant/Accused. ' Date of Filing : ---------=-=----OR No. (plaintiff) tKs '2Q31, OR No. (defendant) : ______ _

This case is respectfully returned to the Honorable Court after:

MEDIATION SESSIONS:

Plaintiff/Complainant Defendant/ Accused

Mediation being part of Pre-trial, the Court shall impose the appropriate sanction/s including but not limited to censure, reprimand, declaration in contempt, costs and fees spent by the attending party and such sanctions as are provided under the Rules of Court for failure to appear for pre-trial, in case any or both of the parties absent himself/themselves during the mediation proceedings. Refusal to pay the corresponding mediation fee shall be considered as non-payment of the appropriate filing fee.

ACTION TAKEN/STATUS:

D SUCCESSFUL SETTLEMENT (with Attachment/s) D Compromise Agreement D Withdrawal of the Complaint/Counterclaim D

UNSUCCESSFUL MEDIATION

BACK TO COURT: D Party (plaintiff/defendant) refused to mediate due to D · Party/ies not fully authorized to enter into Compron1-i-se_A _g_r-ee_m_e_n _t. __ _D Non-appe:irance of parties in conferences scheduled.D Other reason/s:

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REMARKS: De.-/e.-,of,:.,..,k . r� f � =c_,fi_.,,,/ c/o,..c.se,,

eo�lc-: "°11 -I f'eJ-e-edc:rl f-1,rz � o"'cl c/o.,''rl£:

-� J��9�VJV}d f, DocbVP:J 1Mediator

(Signa/11re over Printed Name)

Received by:

Date: .JIN\� � ro1e,

cc: PHILJA-PMC Monitoring Group Clerk-in Charge

'

Satisfaction of the Claim

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