1)

a) Yes, Atty R’s action is proper.

Under Sec 2 Rule 17 of the ROC, plaintiff may, after service of the answer of the defendant, with leave of
court, file a motion to dismiss the complaint.

b) As the judge, I will resolve the motion in the following manner:

First, I will dismiss the complaint originally filed by the plaintiff as the plaintiff may, by leave of court, file
a motion to dismiss his complaint if a counterclaim has already been pleaded by a defendant in his
answer under Sec 2 of Rule 17.

Second, being that the dismissal shall be limited to the plaintiff’s complaint, the dismissal shall be
without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless
within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim
resolved in the same action.