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Any Street
2 Any Town, CA 55555
3 714-555-5555
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Plaintiff, ______________hereby files a Complaint and alleges as follows:
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ALLEGATIONS COMMON TO AND INCLUDED IN
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23 1. Plaintiffs, __________, and _______, (Plaintiff or Plaintiffs ) are now, and at all
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relevant times mentioned herein were, individuals, residing and working in the County of
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_____________, State of California.
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2. Plaintiff is informed and believes, and thereon alleges, that defendant
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
1 mentioned herein was, a company doing business at _________________________. Thus this Court
2 is the proper Court for the trial of this action.
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3. Plaintiff is informed and believes, and thereon alleges, that defendant
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______________________________________________, (____________) is now, and at all
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relevant times mentioned herein was, a company doing business at _________________________.
7 Thus this Court is the proper Court for the trial of this action.
13 Court for the trial of this action. Defendant _________ was authorized by, and was acting on behalf
14 of, Defendants ___________, when he made the representations to Plaintiff alleged in this complaint.
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5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
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business entities, of Defendant DOES 1 through 100, inclusive, and sues them by such fictitious
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names. Plaintiff will seek leave of this Court to insert their true names and capacities once they have
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19 been ascertained.
20 6. Plaintiff is informed and believe and upon such information and belief alleges,
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that the defendants, _______________, and DOES 1 through 100 inclusive, were, at all times herein
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mentioned, authorized and empowered by each other to act, and did so act, as agents of each other,
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and all of the things herein alleged to have been done by them were done in the capacity of such
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25 agency. Upon information and belief, all Defendants are responsible in some manner for the events
26 described herein and are liable to Plaintiff for the damages it has incurred.
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7. On or about _____________, both Plaintiffs signed a written contract (The
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
1 Agreement) with Defendants, __________________. The essential terms of The Agreement were
2 ________________________________________. A true and correct copy of The Agreement is
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attached hereto as Exhibit A and incorporated herein by reference.
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FIRST CAUSE OF ACTION
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(Breach of contract as against all Defendants)
8 hereinabove, as though set forth in full herein, and incorporates them into this cause of action by
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reference.
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9. On or about _____________, both Plaintiffs signed a written contract (The
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Agreement) with Defendants, __________________. The essential terms of The Agreement were
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19 _______________________________________ .
20 12. As a direct and proximate result of the breach of contract by Defendants, Plaintiff
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has suffered damages in an amount not as yet ascertained, but said damages will be a minimum of
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_____________, plus interest at the legal rate of 10% per annum from and after ______________,
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and which sum will be proven at time of trial.
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6 14. Plaintiff has performed all conditions, covenants, and promises required on their part to
12 16. Plaintiff has no adequate legal remedy in that damages, if awarded, cannot be
13 properly ascertained since there is no fixed market value and damages will be inadequate to
14 compensate.
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Be sure to modify these paragraphs to suit your individual
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17 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
20 THIRD CAUSE OF ACTION
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(Claim and delivery as against all Defendants)
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17. Plaintiff realleges the allegations contained in paragraphs 1 through 16 inclusive,
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hereinabove, as though set forth in full herein, and incorporates them into this cause of
25 action by reference.
26 18. Plaintiff seeks the recovery of the following property as hereinafter described against
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Defendants who unlawfully acquired said property, and failed to return to Plaintiff on demand.
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
1 19. Plaintiff seeks to recover damages for the value of the claimed property, and
2 for all the detriment proximately caused by the loss of its use.
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20. At all times herein mentioned, Plaintiff was, and still is, entitled to the possession of the
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following property :
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___________________________________________________.
7 ___________________________________________________.
8 21. On or about _________, the above mentioned property had a combined value of
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$_____________. This value is based on information and belief.
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22. On or about _____________________________, Defendants wrongfully and without
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Plaintiff's consent took possession of the personal property described above. Since that date, they
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13 have been been, and now are, in wrongful possession of the property in violation of Plaintiff's right to
19 the personal property described above, including but not limited to, attorney fees, and which will be
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
1 follows:
2 ON THE FIRST CAUSE OF ACTION:
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1. For damages according to proof at time of trial;
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2. For costs of suit herein incurred; and
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3. For such other and further relief as the court may deem just and proper.
8 1. For damages for the failure of Defendants to perform their obligations under the
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Agreement;
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2. For an order requiring Defendants to comply with the terms of the Agreement, to
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transfer the _____________________ to Plaintiff, and to otherwise perform all obligations required
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20 2. For an order of this Court ordering the issuance of a Writ of Possession authorizing the
21 __________ County Sheriff to seize said personal property from the unlawful possession of Defendant
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and return said personal property to Plaintiff forthwith;
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3. For damages for loss of use of the personal property described above according to
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proof at time of trial;
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4. For damages for time, energy and costs incurred in pursuing recovery of the personal
27 property described above, including but not limited to, attorney fees, according to proof at time
28 of trial;
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
1 5. For costs of suit herein incurred, and
2 6. For such other and further relief as the Court may deem just and proper.
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Be sure to modify these paragraphs to suit your individual
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5 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. And remember that you have to prepare a
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Summons, and a Civil Cover Sheet when you file the complaint. Some
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10 counties have a local cover sheet as well. Check your local rules.
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Dated________________ _______________________________________________
12 ANY ATTORNEY OR PARTY
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COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE