1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) COMPLAINT FOR:
)
13 vs. ) 1. BREACH OF CONTRACT
)
14 _____________________________and DOES 1 ) 2. SPECIFIC PERFORMANCE
)
15 through 100, inclusive ) 3. CLAIM AND DELIVERY
)
16 Defendants. )
)
17 ________________________________________ )

18

19
Plaintiff, ______________hereby files a Complaint and alleges as follows:
20
ALLEGATIONS COMMON TO AND INCLUDED IN
21

22 ALL CAUSES OF ACTION

23 1. Plaintiffs, __________, and _______, (Plaintiff or Plaintiffs ) are now, and at all
24
relevant times mentioned herein were, individuals, residing and working in the County of
25
_____________, State of California.
26
2. Plaintiff is informed and believes, and thereon alleges, that defendant
27

28 ______________________________________ (_____) is now, and at all relevant times

- 1 -
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.
3
3. Plaintiff is informed and believes, and thereon alleges, that defendant
4
______________________________________________, (____________) is now, and at all
5

6
relevant times mentioned herein was, a company doing business at _________________________.

7 Thus this Court is the proper Court for the trial of this action.

8 4. Plaintiff is informed and believes, and thereon alleges, that defendant

9
______________, (___________) is now, and at all relevant times mentioned herein was, an
10
individual, and one of the principal owners and operators of Defendants __________,
11
and worked at their offices located at ___________________________. Thus this Court is the proper
12

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.
15
5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
16
business entities, of Defendant DOES 1 through 100, inclusive, and sues them by such fictitious
17
names. Plaintiff will seek leave of this Court to insert their true names and capacities once they have
18

19 been ascertained.

20 6. Plaintiff is informed and believe and upon such information and belief alleges,
21
that the defendants, _______________, and DOES 1 through 100 inclusive, were, at all times herein
22
mentioned, authorized and empowered by each other to act, and did so act, as agents of each other,
23
and all of the things herein alleged to have been done by them were done in the capacity of such
24

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.
27
7. On or about _____________, both Plaintiffs signed a written contract (The
28

- 2 -
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
3
attached hereto as Exhibit A and incorporated herein by reference.
4
FIRST CAUSE OF ACTION
5

6
(Breach of contract as against all Defendants)

7 8. Plaintiff realleges the allegations contained in paragraphs 1 through 17, inclusive,

8 hereinabove, as though set forth in full herein, and incorporates them into this cause of action by
9
reference.
10
9. On or about _____________, both Plaintiffs signed a written contract (The
11
Agreement) with Defendants, __________________. The essential terms of The Agreement were
12

13 ________________________________________. A true and correct copy of The Agreement is

14 attached hereto as Exhibit A and incorporated herein by reference.

15
10. Plaintiff performed all obligations to Defendants except those obligations Plaintiff
16
was prevented or legally excused from performing.
17
11. Defendants breached the contract on or about ____________ by
18

19 _______________________________________ .

20 12. As a direct and proximate result of the breach of contract by Defendants, Plaintiff
21
has suffered damages in an amount not as yet ascertained, but said damages will be a minimum of
22
_____________, plus interest at the legal rate of 10% per annum from and after ______________,
23
and which sum will be proven at time of trial.
24

25 Be sure to modify these paragraphs to suit your individual

26
situation. Do NOT just use the wording here unless it definitely applies
27

28 to your particular situation.

- 3 -
COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
 1 SECOND CAUSE OF ACTION
2
(Specific performance as against all Defendants)
3
13. Plaintiff realleges the allegations contained in paragraphs 1 through 12 inclusive,
4
hereinabove, and incorporates them into this cause of action by reference.
5

6 14. Plaintiff has performed all conditions, covenants, and promises required on their part to

7 be performed in accordance with the terms and conditions of The Agreement.

8
15. Defendants have failed and refused, and continue to fail and refuse, to perform the
9
conditions of the contract on their part in that they have not __________________________complied
10
with the terms of The Agreement, more specifically they have failed to _______________________.
11

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.
15
Be sure to modify these paragraphs to suit your individual
16

17 situation. Do NOT just use the wording here unless it definitely applies
18

19
to your particular situation.
20 THIRD CAUSE OF ACTION
21
(Claim and delivery as against all Defendants)
22
17. Plaintiff realleges the allegations contained in paragraphs 1 through 16 inclusive,
23

24
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
27
Defendants who unlawfully acquired said property, and failed to return to Plaintiff on demand.
28

- 4 -
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.
3
20. At all times herein mentioned, Plaintiff was, and still is, entitled to the possession of the
4
following property :
5

6
___________________________________________________.

7 ___________________________________________________.

8 21. On or about _________, the above mentioned property had a combined value of
9
$_____________. This value is based on information and belief.
10
22. On or about _____________________________, Defendants wrongfully and without
11
Plaintiff's consent took possession of the personal property described above. Since that date, they
12

13 have been been, and now are, in wrongful possession of the property in violation of Plaintiff's right to

14 immediate and exclusive possession.

15
23. During, and as a proximate result of, Defendants wrongful possession and detention of
16
the personal property described above, Plaintiff has suffered damages according to proof for the loss
17
of the use of its personal property, including time, energy and costs incurred in pursuing recovery of
18

19 the personal property described above, including but not limited to, attorney fees, and which will be

20 proven at time of trial.

21
24. In doing the acts complained of herein, Defendants acted oppressively, maliciously,
22
with a conscious disregard of the rights of others, and with the express intent to defraud, harass, and
23
annoy Plaintiff. Defendants purposely and maliciously set out to and did deprive Plaintiff of its
24

25 rightful ownership of the ownership of ______________. Plaintiff is thus entitled to an award of

26 punitive and exemplary damages according to proof at time of trial.

27
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
28

- 5 -
COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE
 1 follows:
2 ON THE FIRST CAUSE OF ACTION:
3
1. For damages according to proof at time of trial;
4
2. For costs of suit herein incurred; and
5

6
3. For such other and further relief as the court may deem just and proper.

7 ON THE SECOND CAUSE OF ACTION:

8 1. For damages for the failure of Defendants to perform their obligations under the
9
Agreement;
10
2. For an order requiring Defendants to comply with the terms of the Agreement, to
11
transfer the _____________________ to Plaintiff, and to otherwise perform all obligations required
12

13 of them under the terms of The Agreement;

14 3. For costs of suit incurred herein;

15
4. For such other and further relief as the court may deem just and proper.
16
ON THE THIRD CAUSE OF ACTION:
17
1. For possession of the personal property described above; or if the property cannot
18

19 be delivered, for its value in the sum of $______;

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
22
and return said personal property to Plaintiff forthwith;
23
3. For damages for loss of use of the personal property described above according to
24
proof at time of trial;
25

26
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;

- 6 -
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.
3
Be sure to modify these paragraphs to suit your individual
4

5 situation. Do NOT just use the wording here unless it definitely applies
6

7
to your particular situation. And remember that you have to prepare a
8
Summons, and a Civil Cover Sheet when you file the complaint. Some
9

10 counties have a local cover sheet as well. Check your local rules.
11
Dated________________ _______________________________________________
12 ANY ATTORNEY OR PARTY

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 7 -
COMPLAINT FOR BREACH OF CONTRACT, SPECIFIC PERFORMANCE