Complaint for Breach of Contract

COMPLAINT FOR BREACH OF CONTRACT

State Bar No:

Attorney for (Or "In Pro Per")

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF

COMPLAINT FOR BREACH OF CONTRACT

Plaintiff complains and for causes of action alleges as follows:

I.

Plaintiff, , is now and at all times mentioned in this complaint was, a resident of , California.

II.

Defendant, ("seller"), is now, and at all times mentioned in this complaint was, an individual residing in , California.

III.

Plaintiff does not know the true names of defendants DOES 1 through 25, and therefore sues them by those fictitious names. Plaintiff is informed and believes, and on the basis of that information and belief alleges, that each of those defendants was in some manner legally responsible for the events and happenings alleged in this complaint and for plaintiff's damages. The names, capacities and relationships of DOES 1 through 25 will be alleged by amendment to this complaint when they are known.

IV.

Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned in this complaint, defendants were the agents and employees of their codefendants, and in doing the things alleged in this complaint were acting within the course and scope of that agency and employment.

FIRST CAUSE OF ACTION

(Breach of Written Contract)

V.

Plaintiff incorporates by this reference paragraphs 1 through 4 of this complaint.

VI.

On or about , plaintiff and seller entered into a written agreement in which plaintiff agreed to purchase and seller agreed to sell real property located at ("the real property"), more particularly described as A copy of the written purchase and sale agreement ("the agreement") is attached to this complaint as Exhibit and is incorporated by this reference. The agreement includes a provision for recovery of attorney fees by the prevailing party in the event an action is brought under the agreement.

VII.

Prior to plaintiff's execution of the agreement, seller presented plaintiff with a Real Estate Transfer Disclosure Statement dated that was prepared and signed by defendant. A copy of the Real Estate Transfer Disclosure Statement ("the disclosure statement") is attached to this complaint as Exhibit and is incorporated by this reference. Plaintiff relied on the representations set forth in the disclosure statement in entering into the agreement and the statement was incorporated into the agreement.

VIII.

Plaintiff performed all conditions, covenants, and promises on plaintiff's part to be performed in accordance with the terms and conditions of the agreement.

IX.

Plaintiff closed escrow and took possession of the real property on .

X.

Plaintiff is informed and believes, and on that basis alleges, that seller breached the agreement by failing to disclose material and important information regarding the condition of the real property that was within seller's knowledge as follows:

XI.

In the disclosure statement, seller states that

XII.

Plaintiff relied on seller's representations as set forth in the disclosure statement and that reliance was reasonable.

XIII.

Plaintiff would not have entered into the agreement had plaintiff known the true facts. The true facts are

XIV.

As a result of seller's breach of the agreement, plaintiff has been damaged in that

WHEREFORE, plaintiff demands judgment as set forth below.

SECOND CAUSE OF ACTION

(Violation of Civil Code sections 1102 et seq.)

XV.

Plaintiff incorporates by this reference paragraphs 1 through 14 of this complaint.

XVI.

Seller owed plaintiff a duty under Civil Code sections 1102 et seq. to inspect and to disclose fully and fairly all facts that materially affect or relate to the condition of the real property and to disclose truthful and complete, rather than misleading, information.

XVII.

Seller failed to comply with the requirements of Civil Code sections 1102 et seq. by failing to supply required material information as to the condition of real property, and by instead supplying information that did not meet the requirements of these provisions, and these actions were not in good faith.

XVIII.

As a result of the seller's failure to comply with Civil Code sections 1102 et seq., seller is liable in the amount of actual damages sustained by plaintiff as set forth in this complaint.

WHEREFORE, plaintiff demands judgment against defendants for:

Compensatory damages of $

[Add if applicable: Interest on the sum of $ at the (contract or legal) rate of percent per year from ];

[If applicable, include request for other damages]:

Reasonable attorney fees, as authorized by

Costs of suit; and

Such further relief as the court may deem proper.

VERIFICATION

I, am a in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at California.