Fill and Sign the Complaint for Breach of Contract Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (Name, Address Of Party or attorney) _____________________________ _____________________________ _____________________________ State Bar No: __________________ (____) _____ - _________________ Attorney for _______ (Or "In Pro Per") SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ PLAINTIFF(S) NAMES )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ---------------------------------------------------------------- COMPLAINT FOR BREACH OF CONTRACT Plaintiff complains and for causes of action alleges as follows: I. Plaintiff, __________ [name], is now and at all times mentioned in this complaint was, a resident of __________ County, California. II. Defendant, __________ [name of seller] ("seller"), is now, and at all times mentioned in this complaint was, an individual residing in __________ County, 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 -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 __________ [date], plaintiff and seller entered into a written agreement in which plaintiff agreed to purchase and seller agreed to sell real property located at __________ [location and address of property, if any] ("the real property"), more particularly described as __________ [set forth legal description]. 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 __________ [date] 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. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 _________ [date]. 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: __________ [set forth specific details as to disclosure failure]. XI. In the disclosure statement, seller states that __________ [set forth erroneous statements made in the disclosure statement]. 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 __________ [set forth actual facts as to condition of property]. XIV. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 As a result of seller's breach of the agreement, plaintiff has been damaged in that __________ [set forth specific details as to damage, such as: plaintiff has been forced to incur the cost and expense of correcting the defects and problems on the real property.] 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 $__; -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 __________ [Add if applicable: Interest on the sum of $__ at the (contract or legal) rate of __ percent per year from __________ (date)];_________ [If applicable, include request for other damages];Reasonable attorney fees, as authorized by __________ [state basis for right to recover fees];Costs of suit; andSuch further relief as the court may deem proper. DATE: ____________________ ____________________ (Signature) VERIFICATIONI, ___, 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. DATE: ____________________ ____________________ (Signature)